IN THE CASE OF:	 

		BOARD DATE: 	        14 May 2009

		DOCKET NUMBER:  AR20080019600 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states, in effect, that he has 22 years of dedicated service with the Sheriff's Office and that he is currently a sergeant with the Sheriff's Office in Ulster County, New York.  He contends that he needs the AFEM added to his DD Form 214 to purchase his military credit to retire.  He points out that there is a bill in Congress to remove the need for the AFEM as a requirement and that “the bill is passed but not signed into law.”  He states that he spent two years of dedicated service overseas in Germany during the period of the Grenada Operation.      

3.  The applicant provides no additional documentary evidence in support of his application.

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 enlisted in the Regular Army on 5 November 1980 and trained as a personnel records specialist.  He served in Germany from 1 September 1982 through 26 October 1984.  On 30 October 1984, he was released from active duty.

3.  The applicant's DD Form 214 does not show the AFEM as an authorized award.

4.  There is no evidence of record which shows the applicant served in Grenada.

5.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  

6.  Army Regulation 600-8-22, table 2-2 authorizes this award for service in Berlin during the period 14 August 1961 to 1 June 1963.  Qualifying service for this award includes participation in Grenada in support of Operation Urgent Fury from 23 October to 21 November 1983.

DISCUSSION AND CONCLUSIONS:

The applicant did not serve a period of qualifying service for award of the AFEM.  Therefore, there is insufficient evidence on which to base award of this medal. 

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)                                         AR20080019600



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ABCMR Record of Proceedings (cont)                                         AR20080019600



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