IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130000230
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal.
2. The applicant states she believes she qualifies for this award.
3. The applicant provides:
* Orders 16-5, dated 24 January 1991
* Permanent Orders 14-1, dated 24 January 1991
* Annex A - Main Body Commercial Air
* DD Form 214, dated 27 May 1991
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 U.S. Army Reserve (USAR) on 10 April 1981 and she held military occupational specialty 42A (Human Resources Specialist). She served through multiple reenlistments in the USAR and she attained the rank/grade of master sergeant (MSG)/E-8.
3. On 15 May 2002, she was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
4. On 29 May 2013, she was reassigned from her troop program unit to the USAR Control Group (Reinforcement).
5. She provides:
a. Orders 14-1, issued by Headquarters, Fourth United States Army, Fort Sheridan, IL, on 24 January 1991, ordering the 478th Adjutant General Company mobilized on active duty for 1 year, effective 25 January 1991. The mobilization station is listed as Fort Rucker, AL.
b. Orders 16-5, issued by Headquarters, 80th USAR Command, Forest Park, IL, on 24 January 1991, ordering the 478th Personnel Service Company to active duty for a period of 1 year, effective 25 January 1991 with assignment to Fort Rucker, AL.
c. Annex A - Main Body Commercial Air, to Orders 16-5, listing 11 names - the applicant (under a former name) is one of them - for what appears to be those travelling by commercial air to Fort Rucker, AL.
d. Illegible DD Form 214, covering the period 26 January 1991 through 27 May 1991 for a net period of active service of 4 months and 3 days. The Foreign Service block does not show completion of any foreign service and the Remarks block states "Ordered to active duty in support of Operation Desert Shield/Desert Storm."
6. The applicant's name is not shown on the Gulf War Roster.
7. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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. Three campaigns were approved for Operations Desert Shield/Desert Storm.
DISCUSSION AND CONCLUSIONS:
1. There were three distinct awards associated with service in Southwest Asia during Operations Desert Shield/Storm: The Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.
2. Each of these awards required the service member to meet specific criteria. The key criterion is being physically present in the designated area, supporting military operations. Since there is no evidence the applicant served in Southwest Asia, she does not meet the eligibility criteria for any of these awards.
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) AR20130000230
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ABCMR Record of Proceedings (cont) AR20130000230
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