IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120000272
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:
a. his full foreign service in item 12f (Foreign Service) and
b. award of the Southwest Asia Service Medal (SWASM).
2. The applicant states:
* item 12f of his DD Form 214 is incorrect
* the documentation in his service record is incorrect it only shows he was in Kuwait for 4 months and 6 days
* his unit was extended past 4 months and 6 days
* his DD Form 214 should show the SWASM
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 12 October 1993. He served as a cannon crewmember and he was honorably released from active duty on 13 November 1999.
3. Item 12f of his DD Form 214 shows the entry "0000 04 06" (4 months and 6 days).
4. His DD Form 214 does not show the SWASM as an authorized award.
5. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Kuwait from 1 September 1996 through 6 January 1997 (a total of 4 months and 6 days). Item 27 (Remarks) of his DA Form 2-1 shows the entry "duty in imminent danger pay area (Kuwait) (960901-970106)."
6. There is no evidence that shows he served in Southwest Asia for more than 4 months and 6 days.
7. Army Regulation 600-8-22 (Military Awards) provides that the SWASM is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that item 12f of his DD Form 214 is incorrect and that he served in Southwest Asia for more than 4 months and 6 days, there is no evidence of record and he did not provide any evidence to support this contention.
2. The evidence shows he served in Kuwait from 1 September 1996 to 6 January 1997 for a total of 4 months and 6 days which is properly shown in item 12f of his DD Form 214.
3. He did not serve a period of qualifying service for award of the SWASM.
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 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) AR20120000272
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ABCMR Record of Proceedings (cont) AR20120000272
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