ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 August 2020

	DOCKET NUMBER:  AR20190011196


APPLICANT REQUESTS:

*	Correction of his DD Form 214 (Certificate of Release or Discharge From Active 
Duty) to reflect service in the Middle East during Desert Storm
*	Award of the Southwest Asia Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Information on the Southwest Asia Service Medal 
*	two Requests an Authorization for Temporary Duty (TDY) Travel

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he served in support of Desert Storm during the Persian Gul 
War.  The Southwest Asia Service Medal was issued/awarded after he had retired.  

3.  The applicant's service records contain the following documents for the Board's 
consideration:

	a.  A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United 
States), which shows the applicant reenlisted in the Regular Army in the grade of 
Sergeant while assigned to V Corps in Germany on 30 March 1990.  He reenlisted for a 
period of 4 years.

	b .  A DA Form 2-1 (Personnel Qualification Record), which shows:

*	in item 5 (Oversea Service) he was in Germany from 26 September 1987 
through 8 January 1994
*	item 9 (Awards, Decorations and Campaigns) is void of an entry for the 
Southwest Asia Service Medal
*	item 33 (Date) the form was prepared and reviewed on 28 May 1991
*	item 35 (Record of Assignments) the applicant was in Germany from 
2 October 1987 through 8 October 1994
*	there is not an entry for service in the Persian Gulf or Saudi Arabia

	c.  A DD Form 214, which shows the applicant served on active duty from                              
30 January 1978 through 30 April 1994.  The DD Form 214 is void of an entry for the 
Southwest Asia Service Medal and does not show serve in the Persian Gulf or Saudi 
Arabia.  The applicant was extended in the service at the request and for the 
convenience of the government.  

4.   The applicant's name does not appear on the Operation Desert Shield/Desert Storm 
Data Base Roster compiled by the Defense Manpower Data Center Data Base Roster 
for August 1990 through December 1997.
5.  The applicant provides the following documents for the Board's consideration:

	a.  A document entitled Take Pride in your Southwest Asia Service Medal, which 
states:

*	the medal was awarded to all US troop who served in Southwest Asia from 
2 August 1990 to 30 November 1995
*	for individual on TDY they must have served 30 consecutive or 60 
nonconsecutive days to be awarded the medal

	b.  Two DD Forms 1610 (Request an Authority for TDY Travel of DOD Personnel), 
which show:

*	TDY was requested for the applicant on 6 November 1990 for a period of 
approximately 30 days
*	the TDY was to conduct official liaison activities with V Corps elements in 
Saudi Arabia deployed in support of Desert Storm
*	he was to travel from Rhein Main Air Base to Dhahran, Saudi Arabia
*	the order was issued on 13 November 1990
*	an additional TDY request for the applicant on 7 May 1991 for a period of 
approximately 60 days 
*	the TDY was to conduct official liaison activities with V Corps elements in 
Turkey and Iraq deployed in support of Operation Provide Comfort
*	he was to travel from Rhein Main Air Base to Dhahran, Saudi Arabia
*	the order was issued on 6 May 1991


6.  The analyst of record contacted the Defense Finance and Accounting Service 
(DFAS) regarding the applicant's pay during and whether or not he was paid for 
services in Saudi Arabia or Turkey.  DFAS responded there was nothing in the 
applicant's pay records to indicate he was in Saudi Arabia or Egypt during the periods 
indicated.  The email from DFAS included the applicant's Leave and Earnings 
Statements.

7.  See applicable references below.

BOARD DISCUSSION:

1.  The Board reviewed the applicant’s contentions and the evidence of record.  The 
Board considered whether there were errors regarding the applicant’s foreign service 
and whether the applicant was entitled award of the Southwest Asia Service Medal.  
The Board found the applicant has not demonstrated by a preponderance of evidence 
an error or injustice warranting correction of his records.

2.  The applicant’s DD Form 214 properly reflects the applicant’s eligible foreign service 
in items 12f and 18.  Item 12f correctly reflects the applicant’s period of foreign service 
in Germany.  The applicant’s record is void of and the applicant did not providence 
evidence that he served in the Middle East during Desert Storm or that he had been 
awarded the Southwest Asia Service Medal.  DFAS has no record of pay that would 
indicate service in a combat zone in the Middle East.

4.  Therefore, the Board determined the overall merits of this case are insufficient as a 
basis for correction of the records of the individual concerned.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


	  
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) states the "Remarks" block of the 
Soldier's DD Form 214 is used for mandatory requirements when a separate block is 
not available. For an active duty Soldier deployed with his/her unit during their 
continuous period of active service, enter the statement "Service in (Name of County 
Deployed) from (inclusive dates for example, YYMMDD-YYMMDD)."  

3.  Army Regulation 600-8-22 (Military Awards) 2-14. 

   a.  Southwest Asia Service Medal was established by Executive Order 12754, 112 
March 1991.  It is awarded to all members of the Armed Forces of the United States 
service in Southwest Asia and contiguous waters or airspace there over on or about       
2 August 1990 to a date to be determined.  Southwest Asia and contiguous waters, as 
used herein, is defined as an area which includes the Persian Gulf, Red Sea,             
Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees 
N. latitude and west of 68 degrees E. longitude as well as the total land areas of Iraq, 
Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.

   b.  Members of the Armed Forces of the United States serving in Israel, Egypt, 
Turkey, Syria, and Jordan (including the airspace and territorial waters) between         
17 January 1991 and 11 April 1991, will also be eligible for this award.  Members 
serving in these countries must have been under the command and control of U.S. 
Central Command or directly supporting military operations in the combat theater.

   c.  To be eligible, a service member must meet one or more of the following criteria:

		(1)  Be attached to or regularly serving for one or more days with an organization 
participating in ground or shore (military) operations.

		(2)  Be attached to or regularly serving for one or more days aboard a naval 
vessel directly supporting military operations.

		(3)  Be actually participating as a crew member in one or more aerial flights 
directly supporting military operations in the areas designated above.

		(4)  Be serving on temporary duty for 30 consecutive days or 60 nonconsecutive 
days. These time limitations may be waived for people participating in actual combat 
operations.

	d.  The SWASM may be awarded posthumously to any person who lost his or her 
life while, or as a direct result of, participating in Operation DESERT SHIELD or 
Operation DESERT STORM without regard to the length of such service, if otherwise 
eligible.'

   e.  One bronze service star will be worn on the suspension and service ribbon of the 
SWASM for participation in each designated campaign.  Service star are described in 
chapter 6.  The designated campaigns for Southwest Asia are listed in appendix B.

///NOTHING FOLLOWS////

ABCMR Record of Proceedings (cont)	AR20190011196

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