IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022739
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 awards for service in Operations Desert Shield/Desert Storm (ODS).
2. The applicant states his DD Form 214 does not show all of the awards he is due for service in ODS.
3. The applicant provides member copies Number 1 and 4 of 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 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. On 16 November 1988, the applicant enlisted in the Regular Army.
3. On 3 February 1989, the applicant departed Fort McClellan, Alabama for duty in the Federal Republic of Germany (FRG).
4. On 23 May 1989, he was assigned for duty as a nuclear, biological, and chemical clerk with the 22nd Chemical Company. He departed the FRG on or about 16 October 1991.
5. On 1 November 1991, the applicant was assigned to Headquarters and Headquarters Battery, Division Artillery, 1st Cavalry Division, located at Fort Hood, Texas. On the following day, he was reassigned within the 1st Cavalry Division to the 68th Chemical Company.
6. On 7 January 1994, the applicant was discharged from active duty. At the time, he was still assigned to the 68th Chemical Company. His DD Form 214 indicates he was separated from the service on temporary records and his own affidavit. His awards are shown as:
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
7. A review of the Gulf War Roster failed to show the applicant's name as having participated in ODS.
8. Army Regulation 600-8-22 (Military Awards) provides that the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations DS/DS 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show authorized awards for service in ODS.
2. The applicant implies that he participated in ODS, but does not clarify with which chemical unit he served. Furthermore, he has not provided any corroborating documentation in support of his contention and his name is not shown on the Gulf War Roster.
3. In view of the above, the applicant's request should be denied.
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) AR20120022739
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022739
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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