IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015557
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM).
2. He states he served in southwest Asia (SWA) from 1 October 1990 to 12 April 1991. This medal was awarded to him after he was discharged.
3. He provides his DD Form 214 and an Information Paper for Enclosed Documents.
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 completed prior service in the Regular Army from 9 November 1983 through 18 March 1988.
3. He enlisted in the Army National Guard on 19 March 1988.
4. He was ordered to active duty on 20 September 1990 in support of Operation Desert Shield/Desert Storm.
5. Item 18 (Remarks) of his DD Form 214 shows he served in SWA from 1 October 1990 to 12 April 1991.
6. He was released from active duty on 12 May 1991 and was returned to his Army National Guard unit. His DD Form 214 shows he completed 6 months and 12 days of foreign service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Noncommissioned Officer Professional Development Ribbon (2nd Award))
* Army Good Conduct Medal
* Explosive Ordnance Disposal Badge
8. He was discharged from the Army National Guard on 21 May 1993.
9. He provided an Information Paper for Enclosed Documents, dated 19 July 2011, from the Chief, Veterans Inquiry Branch, Army Personnel Records Division. This document indicates his records already reflected his correct social security number, but his records do not indicate he was awarded the SWASM.
10. Army Regulation 600-8-22 (Military Awards) states the:
a. 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
b. Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.
c. Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he served in SWA from 1 October 1990 to
12 April 1991 and this medal was awarded to him after he was discharged are acknowledged and determined to have merit.
2. His DD Form 214 confirms he served in SWA from 1 October 1990 to 12 April 1991.
3. Based on his service in SWA, he is eligible for award of the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU. Therefore, his DD Form 214 should be corrected to show these awards.
BOARD VOTE:
____x___ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by adding the SWASM with three bronze service stars, KLM-SA, and KLM-KU to item 13 of his DD Form 214.
_______ _ _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) AR20110015557
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ABCMR Record of Proceedings (cont) AR20110015557
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