BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110018376 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal.

2.  The applicant states that he was assigned to the 10th U.S. Army FAD (Force Activity Designator), 528th U.S. Army Artillery Group, in Ortakoy, Turkey, in support of Operation Desert Storm before, during, and after the operation.  The entire unit was awarded the Southwest Asia Service Medal.  He is applying for the Persian Gulf Veterans' Bonus from the State of Pennsylvania and without the Southwest Asia Service Medal being shown on his DD Form 214, he is ineligible for the bonus.

3.  He provides a copy of his Officer Record Brief.

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's military records show that he was appointed in the U.S. Army Reserve, Field Artillery Branch, as a second lieutenant, on 17 June 1989.  He entered active duty on 3 July 1989.  He served in Turkey from 10 May 1990 through 28 May 1991.

3.  He was honorably discharged from active duty on 3 July 1993 by reason of unqualified resignation. 

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Southwest Asia Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) states that members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria and Jordan between 17 January 1991 and 11 April 1991 are eligible for award of Southwest Asia Service Medal provided they were under the command of U.S. Central Command or directly supporting military operations in the combat theater for one or more days.

DISCUSSION AND CONCLUSIONS:

While the evidence of record shows the applicant served in Turkey from 10 May 1990 through 28 May 1991, there is no indication he served under the command of U.S. Central Command or directly supported military operations in the combat theater.  There is insufficient evidence of record and he provided none to show he completed a period of qualifying service for award of the Southwest Asia Service Medal.  Therefore, he is not entitled to correction to this DD Form 214 to show this award.

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)                                         AR20110018376





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018376



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1