IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005253 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005253 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005253 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 award of the Southwest Asia Service Medal (SWASM). 2. The applicant states he served two training missions overseas from 24 July 1990 to 9 August 1990 and from 31 July 1992 to 17 August 1992, but he was denied award of the SWASM. 3. The applicant provides: * five DA Forms 2139 (Military Pay Voucher) * DA Form 2-1 (Personnel Qualification Record – Part II) * DA Form 638 (Recommendation for Award) * Honorable Discharge Certificate * documentation pertaining to the SWASM * certificates of appreciation and achievement * two letters from the Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY * discharge orders * DD Form 214 (Certificate of Release or Discharge from Active Duty * National Guard Bureau Form 22 (Report of Separation and Record of Service) 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. Having prior enlisted Reserve Component service and enlisted service in the Regular Army, the applicant enlisted in the Army National Guard on 24 October 1984. 3. He provided military pay vouchers showing: a. He was ordered to active duty for overseas deployment training during the period 24 July 1990 to 9 August 1990 (17 days). The location of this deployment is not shown on this military voucher. b. He was ordered to active duty for an overseas deployment training mission in Southwest Asia and received imminent danger pay from 31 July 1992 to 17 August 1992 (18 days). 4. Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Southwest Asia from 31 July 1992 through 17 August 1992. 5. The Defense Manpower Data Center compiled the Operations Desert Shield/ Desert Storm database. The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. A phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. The applicant's name is not contained in this database. 6. He was ordered to active duty on 2 June 2003 in support of Operation Noble Eagle and he was released from active duty on 26 May 2004. 7. On 1 November 2005, he was honorably discharged from the Army National Guard and transferred to the Retired Reserve. 8. He provided letters from the Awards and Decorations Branch at the U.S. Army Human Resources Command, dated 11 February 2016 and 5 July 2016, showing his requests for award of the SWASM were denied because that office was unable to locate official military documentation verifying his entitlement to the SWASM. 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 thereover on or after 2 August 1990 to 30 November 1995. To be eligible, a service member must meet one or more of the following criteria: * be attached to or regularly serving for 1 or more days with an organization participating in ground or shore (military) operations * be attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations * be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas * be serving on temporary duty for 30 consecutive or 60 nonconsecutive days – these time limitations may be waived for people participating in actual combat operations 2. 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) 3. The U.S. Army Center of Military History prepares and publishes the official history of the U.S. Army. Historical records show Iraq launched an invasion of Kuwait on 2 August 1990. U.S. Forces were deployed to defend Saudi Arabia on or about 7 August 1990. DISCUSSION: 1. The applicant contends he is entitled to award of the SWASM because he served two overseas training missions in Southwest Asia from 24 July 1990 to 9 August 1990 and 31 July 1992 to 17 August 1992. a. There is no evidence supporting his contention that he served in Southwest Asia from 24 July 1990 to 9 August 1990. The evidence of record indicates U.S. Forces did not deploy to Saudi Arabia in support of Operation Desert Shield prior to the invasion of Kuwait on 2 August 1990. b. The evidence of record shows he performed overseas deployment training in Southwest Asia during the period 31 July 1992 to 17 August 1992 (18 days). 2. The governing regulation states to be eligible for award of the SWASM the service member must be participating in military operations or be serving on temporary duty for 30 consecutive or 60 nonconsecutive days in Southwest Asia. 3. He does not meet the eligibility criteria for award of the SWASM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005253 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005253 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2