IN THE CASE OF: BOARD DATE: 13 April 2011 DOCKET NUMBER: AR20100024855 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia from November 1993 to April 1994 and award of the Southwest Asia Service Medal. 2. The applicant states, in effect, he was deployed to Southwest Asia as a member of Task Force 2-43 Air Defense Artillery (Patriot) but his DD Form 214 does not show his service in Southwest Asia or the Southwest Asia Service Medal he earned in support of Operation Desert Falcon. 3. The applicant provides an award recommendation. 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. On 11 March 1993, the applicant enlisted in the Regular Army and held military occupational specialty 16T (Patriot Missile Crewmember). He was honorably released from active duty on 10 March 1996 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 3 years of creditable active service. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal, Army Lapel Button, Army Good Conduct Medal (1st Award), National Defense Service Medal, and the Army Service Ribbon. 4. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and 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 1 December 1993 to 30 April 1994. 5. 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/Desert Storm in the designated area 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) 6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for active duty Soldiers deployed with his or her unit during their continuous period of active service enter in item 18 the entry "Service in (Name of Country Deployed) From (inclusive dates for example YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Southwest Asia in support of military operations from 1 December 1993 to 30 April 1994 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this service. 2. He served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal and he participated in one campaign. Therefore, he is entitled to award of the Southwest Asia Service Medal with one bronze service star and correction of his records to show this award. 3. With respect to his request to correct his DD Form 214 to show his service in Southwest Asia from November 1993 to April 1994, the available evidence shows he served in Southwest Asia from December 1993 to April 1994. Therefore, he is entitled to have his DD Form 214 corrected to show this 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: a. adding to item 18 (Remarks) of his DD Form 214 the entry "Service in Southwest Asia from 19931201 - 19940430"; and b. adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star. 2. The Board further determined that the evidence presented is 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 correction of his DD Form 214 to show he served in Southwest Asia from November 1993 to April 1994. __________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) AR20100024855 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024855 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1