IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140004094
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 the Southwest Asia Service Medal.
2. The applicant states he was assigned to the 94th Engineer Battalion, Germany, at the time and served in Turkey with the battalion during Operation Provide Comfort.
3. The applicant provides 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 18 June 1981 and he held military occupational specialty 82B (Construction Surveyor). On 23 October 1987, he was assigned to the 94th Engineer Battalion, Germany.
3. He was honorably discharged on 3 August 1992 under the Voluntary Early Transition Program. The DD Form 214 he was issued does not show award of the Southwest Asia Service Medal.
4. A review of the history of the 94th Engineer Battalion, shows that In 1991 the battalion deployed to Southern Turkey and Northern Iraq in support of Operation Provide Comfort to provide humanitarian relief to Kurdish refuges following Operation Desert Shield/Storm.
5. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and/or served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995. This roster shows the applicant served in Southwest Asia from 28 April 1991 to 31 July 1991.
6. 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 who participated in Operations Desert Shield/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.
DISCUSSION AND CONCLUSIONS:
The Southwest Asia Service Medal is awarded for qualifying service in Turkey between 17 January and 11 April 1991. As the applicant served in Southwest Asia from 28 April to 31 July 1991, he did not serve during a qualifying period for entitlement to this award. Therefore, he is not entitled to the requested relief.
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) AR20140004094
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ABCMR Record of Proceedings (cont) AR20140004094
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