IN THE CASE OF

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000628 


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 award of the Southwest Asia Service Medal and the Humanitarian Service Medal. 

2.  The applicant states that in 1991 during Operation Desert Storm and Operation Provide Comfort, he deployed on three occasions to Kuwait, Saudi Arabia, and Iraq while assigned to the 3rd Armored Division with duty at V Corps Headquarters, Office of the Inspector General.  Shortly after his last deployment, he transferred from Germany to Panama.  In recent conversations with fellow veterans, he discovered that his temporary duty (TDY) deployment to the combat zone qualified him for the Southwest Asia Service Medal and he then realized that he also participated in Operation Provide Comfort (Ground Operation) 
(5 April to 14 June 1991).  Others he served with received these awards. 

3.  The applicant provides:

* DD Form 1610 (Request and Authorization for Travel of DOD Personnel)
* Memorandum for Record - Service in Southwest Asia
* Photographs
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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's record shows he was appointed as an infantry commissioned officer of the Army.

3.  He entered active duty on 29 June 1972.  He served in a variety of stateside or overseas assignments and he attained the rank of lieutenant colonel (LTC). 

4.  He retired on 30 June 1995 and he was placed on the Retired List in his retired grade of LTC on 1 July 1995.  His DD Form 214 does not list the requested awards.

5.  He provides a DD Form 1610 (Blanket TDY), dated 30 May 1991, that shows he was authorized to proceed as frequently as necessary from his permanent duty station (Headquarters, V Corps, Germany) to any point within the command responsibility of European Command and Central Command from 30 May 1991 for a period of 179 days to provide support to the Commander, 3rd Armored Division, and V Corps Deputy Commanding General. 

6.  He provides and/or his record contains: 

	a.  A Memorandum for Record issued by an official of the 1st Brigade, 3rd Armored Division, Camp Thunder, Doha, Kuwait, on 7 June 1991 confirming the applicant served in Kuwait from 31 May 1991 to 7 June 1991 (8 days). 

	b.  A Memorandum for Record issued by an official of the 11th Armored Cavalry Regiment, Blackhorse Base, Doha, Kuwait, on 31 August 1991 confirming the applicant served in Kuwait from 26 August to 1 September 1991 (7 days).

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 serving in Southwest Asia and contiguous waters or airspace there over, 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

8.  Army Regulation 600-8-22 states the Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of Army Regulation 600-8-22 shows Combined Joint Task Force Provide Comfort (5 April 1991 to 14 June 1991) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served in Kuwait from 31 May to 7 June 1991 (8 days) and 26 August to 1 September 1991 (7 days) for a total of 15 days.  He did not meet the minimum 30 consecutive days/60 nonconsecutive TDY days or participated in actual combat operations.  Therefore, he does not meet the criteria for award of the Southwest Asia Service Medal. 

2.  Combined Joint Task Force Provide Comfort (5 April 1991 to 14 June 1991) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.  However, there is no evidence the applicant was a member of that Task Force or that he directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits and failed to provide evidence that substantiates direct participation.  Therefore, there is insufficient evidence to show he met the criteria for award of the Humanitarian Service Medal.





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)                                         AR20140000628





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000628



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1