BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20150000382
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she is authorized the Southwest Asia Service Medal (SWASM).
2. The applicant states she was presented the medal but it is not shown on her DD Form 214.
3. The applicant provides a copy of her 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 14 November 1990.
3. Her DA Form 2-1 (Personnel Qualification Record) does not show any foreign service in item 5 (Oversea Service) and the SWASM is not included as an authorized award in item 9 (Awards, Decorations, and Campaigns).
4. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm database. The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. The applicant's name is not located in the DMDC database.
5. There is no evidence in her available military record that shows she was awarded the SWASM or evidence indicating she served in SWA.
6. She was released from active duty on 3 August 1992. Her DD Form 214 does not include the SWASM as an authorized award.
7. Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who served in SWA and contiguous waters or airspace there over, on or after 2 August 1990 to
30 November 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show the SWASM has been carefully considered.
2. There is no evidence in the applicant's available records, and she provided none, that indicates she deployed to SWA. Additionally, her name is not included in the DMDC Operations Desert Shield/Desert Storm database. Therefore, there is insufficient evidence on which to base amending her DD Form 214 to show the SWASM.
3. In view of the foregoing, there is no basis to grant the applicant's 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) AR20150000382
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ABCMR Record of Proceedings (cont) AR20150000382
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