IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110013984
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 requests the Southwest Asia Service Medal be added to her
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 2 September 1992.
2. The applicant states she was in the Army from 29 September 1981 to
2 September 1992 and the Southwest Asia Service Medal was not listed in her awards on her DD Form 214.
3. The applicant provides no additional evidence in support of her application.
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. She enlisted in the Regular Army on 29 September 1981. She completed basic combat and advanced individual training and was awarded military occupational specialty 76Y (Unit Supply Specialist). She reenlisted on 13 August 1984 and 25 July 1988.
3. She was assigned to the U.S. Military Community Activity, Fulda, Germany, from 5 September 1985 until 27 August 1988.
4. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) shows she served in Germany from 5 September 1985 to 27 August 1988. There are no further entries for overseas service.
5. Item 16 (Last CBT (combat) Tour/Date), Section, IV - Service Date) of her computerized DA Form 2A (Personnel Qualification Record, Part I) contains the entry "NONE."
6. On 7 October 1988, she was assigned to Company E, 1st Battalion, 50th Infantry at the U.S. Army Infantry Center, Fort Benning, GA.
7. On 2 September 1992, she was discharged. She completed 10 years,
11 months, and 4 days of active service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not list the Southwest Asia Service Medal.
8. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Database that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and
31 December 1993. There are also separate files covering calendar years 1994 and 1995.
9. The DMDC Desert Shield/Storm Database does not list the applicant as having participated in-theater during Operation Desert Storm.
10. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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:
Her DA Form 2-1, her computerized DA Form 2A, and the DMDC Desert Shield/Storm Database do not show she was deployed in the designated area for eligibility for the Southwest Asia Service Medal. Therefore, there is insufficient evidence to add the Southwest Asia Service Medal to her DD Form 214.
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) AR20110013984
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ABCMR Record of Proceedings (cont) AR20110013984
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