RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      11 January 2007
      DOCKET NUMBER:  AR20060005075


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Armed Forces Expeditionary Medal
(AFEM).

2.  The applicant states that the AFEM was omitted from block 13 of his
Certificate of Discharge (DD Form 214).

3.  The applicant provides copies his DD Form 214 and his AFEM memorandum,
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 February 2001, the date of his discharge from active
duty.  The application submitted in this case is dated 23 March 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records were not available to the Board.
Information herein was obtained from documentation submitted by the
applicant and the Soldier Management System, Human Resources Command, St.
Louis.

4.  The documentation shows the applicant enlisted in the Regular Army on
3 February 1993.  He reenlisted on 26 June 1997.

5.  In a memorandum, dated 8 April 1999, the Commander, Headquarters,
American Forces Network South, awarded the applicant the AFEM for the
period 14 June 1997 to 29 September 1997, in accordance with Joint Staff
Message DTG 041443Z March 1999.

6.  The applicant was discharged from active duty on 20 February 2001 for
failure to maintain Army weight control standards.

7.  The applicant’s DD Form 214 shows he was awarded the Joint Service
Commendation Medal, the Army Achievement Medal (4th Award), the Army Good
Conduct Medal (2nd Award), the National Defense Service Medal, the North
Atlantic Treaty Organization Medal, the Armed Forces Service Medal, the
Non-Commissioned Officer's Professional Development Ribbon with Numeral 2,
the Army Service Ribbon, the Overseas Service Ribbon, the Expert
Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship
Qualification Badge with Pistol Bar, and the Army Lapel Button.  His
separation document does not show any additional awards.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Armed Forces Expeditionary Medal for qualifying
service after 1 July 1958 in U.S. military operations, U.S. operations in
direct support of the United Nations, and U.S. operations of assistance
to friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation
or to serve in the area of operations for 30 days, or to be engaged in
direct support of the operation for 30 consecutive or 60 nonconsecutive
days provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged
in actual combat with armed opposition regardless of the period of
service, if the individual participates as a member of an aircraft flying
in support of the operation, or if the individual is recommended (or
attached to a unit recommended) for award of the medal if the above
criteria have not been met.  The designated military operations and dates
of eligibility for this award are specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's commander determined the
applicant to have met the criteria for award of the AFEM and awarded him
this award for the period 14 June 1997 to 29 September 1997.  Therefore,
there is sufficient evidence on which to base an award of the AFEM in this
case.

2.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 2001, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 19 February
2004.  The applicant did not file within the 3-year statute of limitations.
 However, based on the available evidence, it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

__BPI___  __RDG __  __EM___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he was awarded the Armed
Forces Expeditionary Medal for the period 14 June 1997 to 29 September 1997
and providing him a corrected separation document to reflect this award.




                                  __      Bernard P. Ingold________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005075                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.72                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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