IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150012830 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150012830 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to his DD Form 214 award of the Southwest Asia Service Medal with one bronze service star; b. replacing the current entry in item 12f of this DD Form 214 with the entry "0000  05  00"; and c. adding to item 18 of this DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19931201-19940430". __________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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150012830 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 award of the Southwest Asia Service Medal (SWASM). 2. The applicant states: a. His unit deployed to Saudi Arabia for 6 months during the period 1993 to 1994. b. He recently applied to join a local Veterans of Foreign Wars and was informed he did not have any foreign service information on his DD Form 214. c. He served his country honorably during his enlistment. 3. The applicant provides a copy of 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 13 May 1992. On 12 May 1996, he was honorably released from active duty for completion of required active service. 3. His DD Form 214 shows he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon 4. This DD Form 214 shows in: * item 12f (Foreign Service) – "0000  00  00" * item 18 (Remarks) – no deployments 5. 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. This database shows the applicant served in Southwest Asia from 1 December 1993 to 30 April 1994 (total of 5 months). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over 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 1991 to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated: a. for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record; and b. for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Based on the applicant's service in Southwest Asia from 1 December 1993 to 30 April 1994, he is authorized award of the SWASM with one bronze service star. His DD Form 214 does not show this medal. 2. As a related issue, the DMDC record supports correction of his DD Form 214 to show in: * item 12f – he completed 5 months of foreign service * item 18 – his dates of service in Southwest Asia from 1 December 1993 to 30 April 1994. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012830 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012830 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2