IN THE CASE OF: 

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130016126 


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 award of the Southwest Asia Service Medal (SWASM).  He also requests his rank to show corporal (CPL) instead of specialist (SPC).  

2.  He states he served with Company A, 1st Battalion, 17th Infantry Regiment in Egypt in military occupational specialty (MOS) 11B (Infantryman) in 1991 and should qualify for the SWASM.  Also, his rank needs to be corrected to reflect the rank of CPL.

3.  He provides lateral appointment orders and 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.  The applicant enlisted in the Regular Army on 6 January 1988.  At the completion of one station unit training, he was awarded MOS 11B and he was assigned to Company A, 1st Battalion, 17th Infantry in Alaska.  

3.  His service record contains a DA Form 4187 (Personnel Action), dated 1 March 1990, which shows he was advanced to SPC/E-4 with an effective date and date of rank of 6 March 1990.

4.  His DA Form 2A (Personnel Qualification Record - Part I) indicates his grade as CPL.  The date of rank entry of 21 June 1991 was lined through and shows a handwritten entry of 6 March 1990.

5.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 5 (Oversea Service) he was stationed in Alaska from 21 April 1988 to 3 April 1992 and he was on temporary duty (TDY) in Egypt from 2 March to 23 November 1990.

   b.  item 9 (Awards, Decorations, and Campaigns) no entry for award of the SWASM.

   c.  item 18 (Appointments and Reductions) he was promoted to SPC on 6 March 1990.

6.  He provided Headquarters, 6th Infantry Division (Light) and U.S. Army Garrison Alaska Orders 178-04, dated 19 September 1991, which laterally appointed him to CPL and his rank of SPC was terminated with a date of rank of 21 June 1991 and effective date of 1 October 1991.  

7.  He was released from active duty on 5 January 1992.  His DD Form 214 does not show award of the SWASM.

8.  His service record is void of evidence which indicates he was appointed back to SPC prior to his discharge on 5 January 1992.  

9.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This database does not show the applicant served during Operation Desert Shield/Desert Storm.  

10.  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 Storm in the designated area on or after 2 August 1990.  Members serving in Israel, Egypt, Turkey, Syria, and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or were directly supporting military operations in the combat theater.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Egypt from 2 March to 23 November 1990.  The military awards regulation authorizes award of the SWASM to Soldiers who served in Egypt between 17 January 1991 and 11 April 1991.  Since the applicant did not serve in Egypt during the period of qualifying service, he is not eligible for award of the SWASM.

2.  His service record shows he was promoted to SPC/E-4 effective 6 March 1990.

3.  Orders provided by the applicant show he was laterally appointed to CPL effective 1 October 1991.  His service record is void of evidence which shows he was appointed back to the rank of SPC prior to his separation date on 5 January 1992.  

4.  Therefore, it would be appropriate to amend his DD Form 214 to show his rank as CPL.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected amending his DD Form 214 to show his rank as CPL.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the SWASM.



      __________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)                                         AR20130016126





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ABCMR Record of Proceedings (cont)                                         AR20130016126



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