IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130002891
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 that he be granted unit awards for his assignment to the 8th Ordnance Company and attachment to the 354th Tactical Fighter Wing while serving in Operation Desert Shield/Storm.
2. The applicant states that he was never given any unit awards for assignment to the 8th Ordnance Company and attachment to the 354th Tactical Fighter Wing for runway crash recovery during Operation Desert Shield/Storm and he has been unable to find copies of the awards.
3. The applicant provides no additional documents with his application.
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 enlisted in the Regular Army on 13 September 1989 for a period of 4 years. He completed his one-station unit training as a crane operator at Fort Leonard Wood, Missouri, and was transferred to Fort Bragg, North Carolina, for his first and only duty assignment.
3. His records show that he deployed to Southwest Asia (SWA) during the period of "900901 - 910326" and "910801 - 910831" and returned to Fort Bragg where he remained until he was honorably released from active duty (REFRAD) on 1 July 1993. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon and the National Defense Service Medal.
4. The applicant applied to the Board on 16 August 2005 requesting his awards for his service in Southwest Asia and on 21 October 2005, the staff of the Board at St. Louis, Missouri issued him a DD Form 215 adding the awards of the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medals (Kuwait and Saudi Arabia).
5. A review of his official records failed to reveal what unit the applicant served with during Operation Desert Shield/Storm and there is no indication in his records that show that the 8th Ordance Company was awarded any unit awards.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that his unit was awarded unit awards is not in doubt, the applicant has failed to provide that such was the case.
2. The applicants records contain no evidence to show that he served in SWA with either the 8th Ordnance Company or the 354th Tactical Fighter Wing and there is no evidence to show that either was awarded unit awards during the period he served in SWA.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
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) AR20130002891
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002891
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019712
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm and all applicable awards for this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Block 13 of his DD Form 214 by adding the Southwest Asia Service Medal with two bronze service stars, the Kuwait...
ARMY | BCMR | CY2010 | 20100014048
The applicant requests reconsideration of his previously denied request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of deployment to the Persian Gulf [Southwest Asia] and the receipt of any awards or decorations to which he is entitled as a result of this service in the country of Iraq while assigned to Battery B, 3rd Battalion, 8th Field Artillery Regiment, XVIII Airborne Corps. Army Regulation 600-8-22, in pertinent part,...
ARMY | BCMR | CY2011 | 20110000287
His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Southwest Asia Service Medal (SWASM) with two bronze service stars and the Kuwait Liberation Medal - Saudi Arabia * item 18 (Remarks) the entry "SERVICE IN SWA: 890909-900506" 6. Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert...
ARMY | BCMR | CY2009 | 20090000110
A review of the applicant's military personnel records shows that, based on his service in support of Operation Desert Shield/Desert Storm, he may be authorized awards that are not shown on his DD Form 214. Thus, based on the available evidence and in the absence of definitive evidence, it is reasonable to conclude that the applicant redeployed from SWA on 18 February 1991. c. In view of the foregoing, it would be appropriate to correct item 18 of the applicants DD Form 214 to show he...
ARMY | BCMR | CY2014 | 20140002994
The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 November 1991: * Southwest Asia Service Medal (SWASM) with 3 bronze service stars * Joint Meritorious Unit Award (JMUA) with Oak Leaf Cluster * Army Superior Unit Award (ASUA) 2. The applicant states, in effect, that he served a qualifying period in SWA for award of a third bronze service star. Further, he provides general orders which...
ARMY | BCMR | CY2009 | 20090001117
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record confirms he served in SWA in support of Operations Desert Shield/Desert Storm during the period from 13 December 1990 through 15 March 1991 as evidenced by his DD Form 214 and the 12 June 1991 unit memorandum he provided. Therefore, even if the applicant met the basic eligibility requirements for the CAB, it was not authorized during the period he...
ARMY | BCMR | CY2005 | 20050002513C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2005 DOCKET NUMBER: AR20050002513 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100028956
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served in SWA from 23 January 1991 to 10 May 1991 and he participated in two campaigns during his service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 and issuing him the: * Meritorious Unit Commendation * Southwest Asia Service Medal with...
ARMY | BCMR | CY2011 | 20110005857
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to correct: a. item 12, block f, of the applicant's DD Form 214 to show this foreign service; and b. item 18 to show he served in SWA from 1 October 1990 through 15 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 12, block f, of his DD Form 214...
ARMY | BCMR | CY2009 | 20090005451
The applicant provides his DD Form 214 in support of his application. The applicant's record shows that on 6 December 1990 while serving in the United States Army Reserves (USAR) he was ordered to active duty in support of Operation Desert Shield/Storm. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.