IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130005610
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 three bronze service stars on his Southwest Asia Service Medal (SWASM) for service in support of Operations Desert Shield/Desert Storm (ODS).
2. The applicant states he was told when out-processing at Fort Dix, New Jersey in 1992 that his SWASM should have three bronze service stars.
3. The applicant provides member copy 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 3Â 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 2 April 1986, the applicant, who had prior service, enlisted in the Regular Army.
3. On 16 September 1987, the applicant departed Fort Hood, Texas, for duty in the Federal Republic of Germany (FRG).
4. On 19 October 1987, the applicant was assigned for duty as a wheeled vehicle repairer with Company B, 47th Support Battalion.
5. The applicant served in support of ODS with his unit in Saudi Arabia from on or about 24 December 1990 to on or about 17 March 1991.
6. On 14 September 1992, the applicant departed the FRG and returned to the United States.
7. On 15 September 1992, the applicant was voluntarily discharged from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 shows his awards as:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (two awards)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* SWASM with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Driver and Mechanic Badge with Driver-W Bar
* Kuwait Liberation Medal
8. A review of the Gulf War Roster shows the applicant's name as having participated in ODS for the same period as shown in his records.
9. 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, in effect, that he participated in support of ODS during all three campaign periods and should have three bronze service stars shown on his SWASM.
2. The available evidence shows that the applicant did indeed serve during the first two campaign periods in support of ODS. However, records show he departed the theater in March 1991, prior to the start of the third campaign period. Therefore, he is authorized only the two bronze service stars that are currently shown on his SWASM.
3. In view of the above, the applicant's request for a third bronze service star 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) AR20130005610
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130005610
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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