IN THE CASE OF:	  

		BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120007471 


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 his Southwest Asia (SWA) service and the Southwest Asia Service Medal (SWASM) and all other awards and decorations he is due be documented on his record and DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states his DD Form 214 does not show his SWA service nor does it list all of his awards and decorations.  

3.  The applicant provides the following:

* DD Form 214
* Letter, North Carolina Department of Administration, dated 12 April 2012
* Personnel Action form, dated 10 January 1992
* Certificate, dated 20 January 1993
* Orders 35-12, dated 10 March 1991
* Orders 21-B-4, dated 21 February 1991
* Leave and Earnings Statement 



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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows he enlisted in the Regular Army on 27 February 1990, and was trained in and awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  His record shows he was advanced to specialist (SPC)/E-4 on 1 June 1991, and this is the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served with the 1st Battalion, 15th Infantry Regiment in Germany through 
11 June 1991, and with the 3rd Battalion, 7th Infantry Regiment, Fort Stewart, Georgia, from 12 July 1991 through his separation date on 26 February 1993.  No SWA service is listed on his DA Form 2-1.  

4.  The DA Form 2-1 shows that during his active duty tenure the applicant earned the Army Service Ribbon (ASR), National Defense Service Medal (NDSM), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar.  There are no SWA-related awards listed on the record.  

5.  On 26 February 1993, the applicant was honorably released from active duty at the expiration of his term of service.  The DD Form 214 he was issued at the time shows he completed 3 years of active military service and had earned the following awards:

* ASR
* NDSM
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Hand Grenade Bar  

6.  The Gulf War Deployment Roster does not list the applicant’s name as serving in SWA.  

7.  The applicant provides orders showing he was assigned to Saudi Arabia with his unit at the time, 1st Battalion, 15th Infantry Regiment, on 21 February 1991.  He also provides further assignment orders showing he was assigned to Company A, 1st Battalion, 15th Infantry Regiment, Germany on 10 March 1991 without ever being assigned to a unit in SWA.  He also provides a leave and earnings statement for the month of April 1991 which shows he earned imminent danger pay (IDP) for the period 1-30 April 1991.  

8.  The applicant also provides an Army Commendation Medal (ARCOM) certificate that shows he was awarded the ARCOM for meritorious service with the 3rd Battalion, 7th Infantry Regiment from 21 July 1991 through 26 February 1993, and that this award was authorized and announced in official orders, dated 17 February 1993.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to document SWA service and all awards and decorations has been carefully considered and found to have partial merit.  Although it appears the applicant was originally assigned to SWA with his unit on 21 February 1991, the orders provided by the applicant also indicate he was further assigned back to Germany on 10 March 1991.  However, the record is void of any orders or documents confirming actual service in SWA.  

2.  Absent any evidence of record confirming the applicant actually arrived and served in SWA, or that he completed the necessary 30 consecutive days of service in SWA to qualify for the SWASM, there is an insufficient evidentiary basis to document service in SWA or any awards related to Gulf War service on his record or DD Form 214.  

3.  The evidence does show the applicant was awarded the ARCOM on 
20 January 1993, for his meritorious service with the 7th Infantry Regiment, and that this award was authorized and announced in official orders.  Therefore, it would be appropriate to add this award to his record and DD Form 214.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to his record and DD Form 214.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to documenting and/or adding SWA service and the SWASM to his record and 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)                                         AR20120007471



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ABCMR Record of Proceedings (cont)                                         AR20120007471



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