ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210014509 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Southwest Asia Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Leave and Earnings Statements (LES) * DD Form 214, dated 25 September 1992 * Letter, Colonel (COL) (Retired) R_ B_, dated 4 May 2021 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 (ABCMR) 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 in pertinent part that he served in support of Operation Desert Shield/Desert Storm from 3 December 1990 – 19 February 1991 and should therefore be entitled to the Southwest Asia Service Medal. He argues that his records were not updated correctly when he returned due to the limited resources and personnel at his battalion headquarters. He adds that he was not educated with regard to receipt of continued benefits as a young Soldier departing the military. 3. A review of the applicant's available service records reflects the following: a. On 26 September 1988, the applicant enlisted in the Regular Army for 4 years to serve as a 13B (Cannon Crewmember). b. After completing his initial entry training, the applicant was reassigned to A Battery, 2nd Battalion 5th Field Artillery Regiment in Germany on or about 17 January 1989. c. On or about 7 February 1991, the applicant departed Germany for a follow on assignment at Fort Hood, TX. d. On 25 September 1992, the applicant was honorably released from active duty. DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects: Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon and the Army Lapel Button. e. Review of the applicant's DA Form 2-1 is void of evidence related to his service in support of Operation Desert Storm/Desert Shield. 4. The applicant provides the following a: a. LES reflective of his pay and entitlements between December 1990 and April 1991. Item 6 (Entitlements) reflects receipt of Danger Pay, effective 1 December 1990 – 31 January 1991. b. Letter, COL (Retired) R_ B_, dated 4 May 2021, reflective of his account of the applicant's service during Operation Desert Shield/Desert Storm. COL R_B_ served as the applicant's commander while he was assigned in Germany and during his deployment to Saudi Arabia from 3 December 1990 – 19 February 1991. He further provides that the applicant was present when they received their first enemy fire by way of a Subsonic Cruise Unarmed Decoy missile on 18 January 1991. He adds that upon their return from the desert, there were only a handful of Soldiers left within the battalion headquarters so administrative actions were limited. He is disappointed but not surprised that the applicant's records were not updated adequately. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence based on his pay and entitlement records to support the applicant was deployed to Saudi Arabia from 3 December 1990 – 19 February 1991. Based on this, the Board determined relief is warranted and granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 a. Enter in item 12f (Foreign Service) “03 months 21 days.” b. Enter in item 13 ((Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Southwest Asia Service Medal and Kuwait Liberation Medal c. Enter in item 18 (Remarks) “SERVICE IN SOUTHWEST ASIA FROM 3 December 1990 – 19 February 1991 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the 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. 2. Army Regulation 600-8-22 (Military Awards) provides that the Southwest Asia Service Medal was established by Executive Order (EO)12754, 12 March 1991, as amended by EO 12790, 3 March 1992. It is awarded to all Service members of the Armed Forces of the United States serving in Southwest Asia (SWA) and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. SWA 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' north latitude and west of 68 degrees' east longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates. Service 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 30 November 1995, will also be eligible for this award. Service members serving in these countries must have been under the command and control of the U.S. Central Command or directly supporting military operations in the combat theater. 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 U.S. naval vessel directly supporting military operations * be actually participating as a crewmember in one or more aerial flights directly supporting military operations in the areas designated above * be serving on TDY for 30 consecutive days or 60 nonconsecutive days. These time limitations may be waived for people participating in actual combat operations. //NOTHING FOLLOWS//