IN THE CASE OF
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130022028
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Southwest Asia Service Medal (SWASM).
2. The applicant states that he performed a great deal of combat training for deployment and earned the award of the SWASM.
3. The applicant provides a copy of a letter to his congressional representative regarding his claims to the Department of Veterans Affairs.
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 27 August 1987 for a period of 4 years and training as a multi-channel communications systems operator. He was transferred to Germany on 5 March 1988 for assignment to an air defense artillery battery.
3. He departed Germany on 27 February 1990 for assignment to Fort Lewis, WA where he remained until he was discharged on 6 March 1991. He had served 3 years, 6 months, and 10 days of active service. His DD Form 214 issued at the time of his discharge shows he was awarded the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Driver Mechanic Badge with Wheeled Vehicle W bar
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with rifle bar
4. A review of his official record and the Gulf War deployment roster failed to show that the applicant deployed to Southwest Asia.
5. Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace thereover, on or after 2 August 1990 to
30 November 1995. To be eligible, a service member must meet one or more of the following criteria:
* Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations
* Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas
* Be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the SWASM has been noted and appears to lack merit.
2. The applicant has failed to show that he deployed to Southwest Asia, and he appears to acknowledge that he trained for deployment but did not actually deploy.
3. Therefore, in the absence of such evidence 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) AR20130022028
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ABCMR Record of Proceedings (cont) AR20130022028
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