BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110012650
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant request his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Badge (CAB) and Southwest Asia Service Medal (SWASM).
2. The applicant states he was discharged in 2004 before the CAB and SWASM were awarded to him.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 638 (Recommendation for Award)
* Army Commendation Medal (ARCOM) Certificate
* Assignment Order
* Award Listing
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant requests award of the CAB. However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF) that confirm his entitlement to this award. The implementation instructions for
the CAB specified that requests for retroactive award of the CAB must be forwarded to the Commander General, United States Army Human Resources Command, ATTN: AHRC-PD-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Members not on active duty or in an active status may make their requests for the CAB by letter. The applicant has been notified by separate correspondence of the CAB application procedures and documentation requirements. As a result, his request for award of the CAB will not be discussed further in this Record of Proceedings.
3. The applicants record shows that after having prior active duty service in the United States Marine Corps, he enlisted in the Regular Army on 12 September 1995. His DA Form 2-1 (Personnel Qualification Record) shows he completed his initial entry training during the period 15 September 1995 through 3 April 1996.
4. Upon completion of his initial entry training the applicant was awarded military occupational specialty 13M (Multiple Launch Rocket System Crewmember). His record shows he served in Korea from 25 July 1997 to 25 July 1998.
5. On 1 May 2004, the applicant was honorably discharged from active duty by reason of completion of required service. The DD Form 214 issued him at that time shows he completed 8 years, 7 months, and 20 days of creditable service and earned the following awards:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Meritorious Unit commendation
* Army Good Conduct Medal (3rd Award)
* Marine Corps Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary medal
* Humanitarian Service Medal
* Noncommissioned Officer's Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Sea Service Deployment Ribbon (3rd Award)
* Driver and Mechanic Badge with Driver T Bar
* Driver and Mechanic Badge with Driver W Bar
6. He provides a DD Form 215 (Correction to the DD Form 214) dated 27 June 2005. It shows the Iraqi Campaign Medal, Global War on Terrorism Service Medal, and Korean Defense Service Medal were added to his DD Form 214.
7. A review of the applicants Defense Finance and Accounting Service (DFAS) military pay record shows he served in an area where hostile fire/imminent danger pay (HF/IDP) was authorized for his service in Kuwait from 22 March 2003 to 15 November 2003.
8. The applicant's name is not included on the Gulf War Deployment Roster to confirm he served in the Gulf War area of operations.
9. Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after
2 August 1990 to 30 November 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the SWASM.
2. By regulation, the SWASM is awarded to Soldiers for service in Southwest Asia (SWA) in the designated area from 2 August 1990 to 30 November 1995. The evidence of record confirms the applicant entered the Army on 12 September 1995 and completed his initial entry training from 15 September 1995 through 3 April 1996. In addition, his name is not listed on the Gulf War Roster. Therefore, he did not serve in a designated area in SWA during the qualifying period necessary for the award of the SWASM.
3. In view of the foregoing, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110012650
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ABCMR Record of Proceedings (cont) AR20110012650
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