IN THE CASE OF: BOARD DATE: 17 September 2013 DOCKET NUMBER: AR20130002891 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 that he be granted unit awards for his assignment to the 8th Ordnance Company and attachment to the 354th Tactical Fighter Wing while serving in Operation Desert Shield/Storm. 2. The applicant states that he was never given any unit awards for assignment to the 8th Ordnance Company and attachment to the 354th Tactical Fighter Wing for runway crash recovery during Operation Desert Shield/Storm and he has been unable to find copies of the awards. 3. The applicant provides no additional documents with his application. 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 13 September 1989 for a period of 4 years. He completed his one-station unit training as a crane operator at Fort Leonard Wood, Missouri, and was transferred to Fort Bragg, North Carolina, for his first and only duty assignment. 3. His records show that he deployed to Southwest Asia (SWA) during the period of "900901 - 910326" and "910801 - 910831" and returned to Fort Bragg where he remained until he was honorably released from active duty (REFRAD) on 1 July 1993. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon and the National Defense Service Medal. 4. The applicant applied to the Board on 16 August 2005 requesting his awards for his service in Southwest Asia and on 21 October 2005, the staff of the Board at St. Louis, Missouri issued him a DD Form 215 adding the awards of the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medals (Kuwait and Saudi Arabia). 5. A review of his official records failed to reveal what unit the applicant served with during Operation Desert Shield/Storm and there is no indication in his records that show that the 8th Ordance Company was awarded any unit awards. DISCUSSION AND CONCLUSIONS: 1. While the sincerity of the applicant’s claim that his unit was awarded unit awards is not in doubt, the applicant has failed to provide that such was the case. 2. The applicant’s records contain no evidence to show that he served in SWA with either the 8th Ordnance Company or the 354th Tactical Fighter Wing and there is no evidence to show that either was awarded unit awards during the period he served in SWA. 3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request. 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) AR20130002891 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002891 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1