IN THE CASE OF: BOARD DATE: 26 May 2011 DOCKET NUMBER: AR20100027640 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 Armed Forces Expeditionary Medal. 2. The applicant states she was never put in for the award. She earned the medal and it should have been there to begin with. 3. The applicant did not provide any evidence. 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's records show she enlisted in the Regular Army on 20 January 1983 and held military occupational specialty 94B (Food Service Specialist). She served in Hawaii from 8 April 1983 to 15 January 1986. She was assigned to Headquarters and Headquarters Company, 25th Supply and Transport Battalion, Schofield Barracks, HI. 3. She was honorably released from active duty on 17 January 1986 and she was transferred to the U.S. Army Reserve Control Group to complete her remaining service obligation. 4. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 2 years, 11 months, and 28 days of creditable active service. 5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the: * Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Army Lapel Button * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal. It may be awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers.; encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. The award may be authorized for the following three categories of operations: U.S. military operations, U.S. operations in direct support of the United Nations, and/or U.S. operations of assistance for friendly foreign nations. 7. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria: be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. 8. Tables 2-2 (Designated U.S. Military Operations), 2-3 (Designated U.S. operations in direct support of the United Nations), and 2-4 (Designated U.S. operations of assistance for friendly Foreign Nations) identify the designated mission, areas, and dates of service to qualify for award of the Armed Forces Expeditionary Medal. Hawaii is not listed as a designated area. DISCUSSION AND CONCLUSIONS: The applicant served on active duty from 20 January 1983 through 17 January 1986, of which 2 years, 9 months, and 9 days was outside continental United States service (Hawaii). Hawaii is not listed as a designated area in the three categories of operations. There is no evidence in her records and she did not provide any evidence that shows she served a qualifying period of service for this award. Therefore, there is insufficient evidence to support awarding her the Armed Forces Expeditionary Medal in this case. 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) AR20100027640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100027640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1