IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120008196


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 9 March 1991, to show he was awarded the Armed Forces Reserve Medal (AFRM), National Defense Service Medal (NDSM), and Southwest Asia Service Medal (SWASM) with 3 bronze service stars.

2.  The applicant states:

* he was involuntarily activated from the Individual Ready Reserve (IRR) for Operations Desert Shield/Storm
* he served on active duty from 31 January 1991 to 9 March 1991 in direct support of combat operations, to be deployed to the Theater of operations
* he served more than 30 consecutive days on active duty; therefore, he met the eligibility criteria for award of the AFRM, NDSM, and SWASM  

3.  The applicant provides no additional evidence. 

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 requested correction of his DD Form 214 to show the NDSM.  His DD Form 214, for the period ending 9 March 1991, shows he was awarded the NDSM; therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  On 4 November 1986, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).  

4.  On 3 November 1988, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), an element of the Individual Ready Reserve. 

5.  On 12 July 1989, he enlisted in the Ohio Army National Guard (OHARNG).  

6.  On 1 September 1990, he was discharged from the OHARNG and transferred to the USAR Control Group (Reinforcement), an element of the Individual Ready Reserve. 

7.  Orders M-12-147079, issued by the Commander, Army Reserve Personnel Command (ARPERCEN), St. Louis, MO, dated 20 January 1991, ordered him to active duty pursuant to the Presidential Executive Order of 18 January 1991, effective 31 January 1991, for a period not to exceed 12 consecutive months, and ordered him to report to Fort Jackson, SC.
  
8.  On 9 March 1991, he was released from active duty at Fort Jackson, SC, in the rank/grade of private first class/E-3, and was transferred back to the USAR Control Group (Annual Training).  The DD Form 214 he was issued does not indicate he was awarded the AFRM or the SWASM.

9.  On 12 December 1991, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was created that amended his earlier DD Form 214, for the period ending 9 March 1991, by adding to item 18 (Remarks) the comment, “Ordered to active duty in support of Operation Desert Shield/Storm in accordance with (IAW) 10 U.S. Code (USC) 673.”

10.  His record contains 2 different DA Forms 2-1 (Personnel Qualification Record, Part II); however, neither form indicated he performed any foreign service in support of Operations Desert Shield/Storm.

11.  His record is void of any documentation that shows he deployed to Southwest Asia in support of Operations Desert Shield/Storm.

12.  His name is not listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary file contains one record for each active duty member who participated in Theater between 2 August 1990 and 31 July 1991.  

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a. The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  Also qualifying for this award are members who, on or after 1 August 1990, were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U. S. Code.  The member must have volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

   b. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the U.S. 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 on the Southwest Asia Service Medal for the following campaigns:  Defense of Saudi Arabia (2 August 1990 to 16 January 1991); the Liberation and Defense of Kuwait (17 January to 11 April 1991); and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the AFRM and the SWASM.

2.  With respect to the AFRM, the applicant was mobilized under 10 USC section 673.  The governing criteria for award of the AFRM does not include those Soldiers mobilized under 10 USC section 673; therefore, he is not entitled to award of the AFRM.

3.  With respect to the SWASM, the evidence of record does not show he served in the Southwest Asia Theater of operations.  Therefore, barring evidence to the contrary, he is not entitled to 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 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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20120008196



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