IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220008660 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 1 April 1994, to show award of the Southwest Asia Service Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2-1 (Personnel Qualification Record -Part II), page 4 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 effect, he was not awarded the Southwest Asia Service Medal for his service in Kuwait with 3rd Battalion, 41st Infantry Regiment, 3rd Brigade, 1st Cavalry Division during Operation Intrinsic Action 92-03, due to an omission by his unit and higher headquarters. 3. He enlisted in the Regular Army on 16 October 1991. He held military occupational specialty 91B, Medical Specialist. He was assigned to Fort Hood, TX. 4. DA Form 2-1, dated 14 April 1992, shows the following: a. Item 5 (Oversea Service) does not list any overseas service tours. b. Item 9 (Awards, Decorations, and Campaigns) shows he was awarded or authorized the following: Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksmanship Qualification Badge with Hand Grenade Bar, Army Service Ribbon, and National Defense Service Medal. c. Item 35 (Record of Assignments) shows that upon the completion of his initial entry training, he was assigned to the following organizations: * Headquarters and Headquarters Company (HHC), 3rd Battalion, 41st Infantry Regiment, Fort Hood, TX, from 20 April 1992 to 15 December 1992 * HHC, 1st Battalion, 9th Cavalry Regiment, Fort Hood, TX, from 16 December 1992 to 1 April 1994 5. DA Form 2A (Personnel Qualification Record - Part I) prepared on 10 May 1993, Section IV (Service Data) does not show a combat tour, prior overseas assignment, or a completed foreign service tour. 6. He was honorably released from active duty on 1 April 1994. His DD Form 214 shows he completed 2 years, 5 months, 16 days of net service. It also shows in: * Block 12f (Foreign Service) does not list any foreign service * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized: National Defense Service Medal; Army Service Ribbon; Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); Army Lapel Button * Block 18 (Remarks) does not list any deployments. 7. He provides DA From 2-1, page 4 which shows his record of assignment with HHC, 3rd Battalion, 41st Infantry Regiment from 20 April 1992 to 15 December 1992. 8. The applicant's military service record does not contain, nor does he provide any documentation which shows he was deployed to Kuwait or that he was awarded the Southwest Asia Service Medal. 9. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995. This roster shows the applicant served in Southwest Asia from 1 January 1993 to 31 March 1993. 10. The Southwest Asia Service Medal is awarded to all Servicemembers 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. 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant served on active duty from 16 October 1991 to 1 April 1994. He was assigned to HHC, 3rd Battalion, 41st Infantry Regiment, from 20 April 1992 to 15 December 1992 and HHC, 1st Battalion, 9th Cavalry Regiment, Fort Hood, TX, from 16 December 1992 to 1 April 1994. Nothing in his service record shows he deployed to Kuwait (such as a deployment order, temporary change of station or temporary duty order, Leave and Earnings Statements showing hostile fire pay). However, his unit of assignment (HHC, 3rd Battalion, 41st Infantry) did in fact deploy to Kuwait in support of Operation Intrinsic Action 92 and his name is shown on the Gulf Roster as having served in SWA from 1 January 1993 to 31 March 1993. Therefore, the Board determines he is eligible for award of the Southwest Asia Service Medal. 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Southwest Asia Service Medal to his DD Form 214. 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, 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 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 (AR) 600-8-22 (Military Awards), paragraph 2-15 states the Southwest Asia Service Medal is awarded to all Servicemembers 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. Southwest Asia and contiguous waters is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden and a portion of the Arabian Sea, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates. b. To be eligible, a Servicemember must be attached or regularly serving for one or more days with an organization participating in ground or shore (military) operations, be attached to or regularly serving for one 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, or 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. 3. Operation INTRINSIC ACTION 92-03, 1992. Intrinsic Action was a Joint Exercise with the Army, Marines, Kuwaiti Land Forces, and other Coalition forces. The United States Army used Intrinsic Action to test their rapid response and map the land for future operations in Middle Eastern region. Units were working and living in warehouses on Camp Doha, Kuwait and covered down on preposition equipment. Fresh from organizational restructuring, which restored the 3rd Brigade to the 1st Cavalry Division, plans began to return units to Kuwait in compliance to the Mutual Defense Cooperation Agreements. The first units selected for these exercises were elements of the newly activated 3rd Brigade. Commanders and staffs deployed to the Area of Responsibility (AOR) for the first time since Operation Desert Storm to provide local command and control of the forces and to emphasize US resolve to counter any Iraqi aggression. On 20 October 1992, Task Force 3-41 Infantry, comprised of soldiers from the newly reactivated 3rd (Greywolf) Brigade came to Camp Doha for extensive ground training. Iraq remained quiet before and during the operation, but the soldiers of the First Team were back at Camp Doha, Kuwait. TF 3-41 Infantry was composed of the following elements: * HHC, 3rd Battalion, 41st Infantry Regiment * A Company, 3rd Battalion, 41st Infantry Regiment * B Company, 1st Battalion, 67th Armor Regiment * C Company, 3rd Battalion, 67th Armor Regiment * B Battery, 3rd Battalion, 82nd Field Artillery * B Battery, 4th Battalion, 5th Air Defense Artillery * B Company, 8th Engineer Battalion * 15th Personnel Support Company * 215th Forward Support Battalion They deployed on short notice and upon arrival, drew their allotment of prepositioned equipment and were ready to either train or fight. Phase one of the exercise consisted of extensive desert training. Phase two, which consisted of joint training and maneuver exercises with the Kuwait armed forces, was completed in December allowing the TF to return to Fort Hood 15 December. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008660 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1