IN THE CASE OF:  	  

		BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140002986 


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 his service in the Persian Gulf and the Southwest Asia Service Medal (SWASM), the Armed Forces Expeditionary Medal (AFEM), and any other awards he may be authorized.

2.  The applicant states:

* his DD Form 214 does not show his dates of service in the Persian Gulf
* he was in the Persian Gulf in November 1994 during Operation Southern Watch
* he has been experiencing symptoms of migraine headaches and tendinitis and he needs to file a claim for benefits

3.  The applicant provides:

* A self-authored letter dated 6 February 2014
* A DD Form 1610 (Request and Authorization for Travel DOD Personnel) dated 3 November 1994
* A manifest report dated 8 November 1994
* A 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 24 January 1994.  He completed training as a fighting vehicle infantryman.

3.  The applicant provides a DD Form 1610 showing he received temporary duty (TDY) orders from Fort Benning, Georgia to Saudi Arabia and return for Operation Southern Watch.  His approximate length of TDY was not to exceed 179 days.

4.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Saudi Arabia from 2 through 
9 November 1994.

5.  The applicant was honorably released from active duty on 17 November 1995.  Item 13 (Decorations, Medals, Badges Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

6.  Item 18 (Remarks) on his DD Form 214 does not show his dates of service in Saudi Arabia.

7.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It stated:

	a.  Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service in item 13 on the 
DD Form 214.

	b.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18 on the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over for one or more days, 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)

	b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Service members who earned the SWASM and subsequently became eligible, at any time, for the AFEM for Operation Southern Watch may wear both awards, with the exception of those who became eligible for both awards during one tour in Southwest Asia. Service members who become eligible for both awards during their initial tour in Southwest Asia may elect to receive either the SWASM or the AFEM, but may not be issued both medals for a single tour in Southwest Asia.  Service members who become eligible for both awards during their initial tour in Southwest Asia and elect to receive the SWASM may be awarded the AFEM for participation in Operation Southern Watch during a subsequent tour in Southwest Asia.  The dates of service for award of the AFEM for participation in Operation Southern Watch were from 1 December 1995 to 18 March 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.
2.  The available evidence shows he was in Saudi Arabia from 2 through 
9 November 1994.  He is not authorized the AFEM for participation in Operation Southern Watch because the dates of service for award of the AFEM for participation in Operation Southern Watch were from 1 December 1995 to 18 March 2003.

3.  He is authorized the SWASM with on bronze service star for his 7 days of service in Saudi Arabia.  His DD Form 214 should be corrected to show this medal and dates of service.

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 by amending his DD Form 214 as follows:

	a.  item 13 – add "Southwest Asia Service Medal with one bronze service star"; and

	b.  item 18 – add "SERVICE IN SAUDI ARABIA FROM 19941102-19941109."

2.  The Board further determined that the evidence presented was 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 the AFEM.



      __________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)                                         AR20140002986



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ABCMR Record of Proceedings (cont)                                         AR20140002986



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