IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150001087
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 (SWASM).
2. The applicant states his DD Form 214 should reflect the SWASM in lieu of the Overseas Service Ribbon based on his assignment to the 528th United States Army Artillery Group (USAAG) during the period of Operation Desert Shield/Storm.
3. The applicant provides:
* orders
* memorandum, subject: SWASM, issued by Headquarters, 528th USAAG, dated 13 March 1992
* 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 U.S. Army Reserve (USAR) on 29 July 1986. He was appointed as Reserve commissioned officer on 10 June 1989. He entered active duty on 2 July 1989.
3. Orders 304-603, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, OK, dated 31 October 1989, show he proceeded on a permanent change of station to Turkey.
4. An Army Commendation Medal (ARCOM) Certificate, dated 13 April 1991, shows he was awarded the ARCOM for exemplary service at the 14th U.S. Army Field Artillery Detachment while serving as a platoon leader from 5 May 1990 to 5 May 1991.
5. He provides memorandum, subject: SWASM, issued by Headquarters, 528th USAAG, dated 13 March 1992, which stated, in part:
a. Members of the 528th USAAG who served in the Republic of Turkey since 17 January 1991 were authorized to wear the SWASM in recognition of their service under the criteria established for the award from 17 January 1991 to an undetermined date.
b. Criteria for the award included:
* duty assignment in the Republic of Turkey since 17 January 1991
* drawing imminent danger pay (IDP)
* involved in direct support provided to the theater of operation by units assigned in Turkey
5. On 31 July 1992, he was honorably released from active duty and transferred to the USAR. His DD Form 214 does not show award of the SWASM.
6. 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. His name is not listed on this roster.
7. Army Regulation 600-8-22 (Military Awards) states the SWASM 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:
1. The applicants records do not show he was deployed in support of Operation Desert Storm/Shield and his name is not listed on the Gulf War Deployment Roster; however, orders show he was assigned to Turkey as a permanent change of station.
2. He provides a memorandum stating members of the 528th USAAG were authorized to wear the SWASM; however, there is no evidence nor does he provide any showing he received IDP which was a requirement for the authorization to wear the SWASM. Therefore, there is insufficient evidence to support awarding him the SWASM in this case.
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) AR20150001087
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ABCMR Record of Proceedings (cont) AR20150001087
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