RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 March 2007
	DOCKET NUMBER:  AR20060012384 


	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.


	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 that he be awarded the Armed Forces Expeditionary Medal. 

2.  The applicant essentially states that he served in a designated operation area, that being Israel, Egypt, the borders of Jordan, Lebanon, and Saudi Arabia from 1986 to 1987.  He also states, in effect, that serving anywhere within the Middle East as a linguist has always been considered a designated area for award of the Armed Forces Expeditionary Medal.

3.  The applicant provides three self-authored letters, dated 20 August 2006, 
13 March 2006, and 16 December 2005 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 11 February 1988, the date of his discharge from the Regular Army.  Although the application submitted in this case is dated 16 December 2005, it was not received until 31 August 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 show that he enlisted in the Regular Army on 30 September 1985.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).  He was then reassigned to Fort Bragg, North Carolina, where he served with Company B, 3rd Battalion, 187th Infantry Regiment.  He deployed to the Sinai from 5 May 1986 to 5 May 1987, serving with the Multinational Force and Observers (MFO).  He then returned to his unit in the continental United States, and served with his unit until he was honorably discharged on 11 February 1988.  The DD Form 214 (Certificate of Release or Discharge From Active Duty) that was issued to him at the time of his discharge shows that he was awarded the Good Conduct Medal, the Multinational Force and Observers Medal, the Army Service Ribbon, the Air Assault Badge, the Expert Marksmanship Qualification Badge with Hand Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.   

4.  The applicant essentially stated that he served in a designated operation area, that being Israel, Egypt, the borders of Jordan, Lebanon, and Saudi Arabia from 1986 to 1987.  He also stated, in effect, that serving anywhere within the Middle East as a linguist has always been considered a designated area for award of the Armed Forces Expeditionary Medal.  

5.  A review of Army Regulation 600-8-22 (Military Awards), which provides, in pertinent part, the designated United States military operations, areas, and dates of the respective military operations, as well as designated United States operations of assistance for a friendly foreign nation, revealed that the only two designated operations which qualified for award of the Armed Forces Expeditionary Medal during the applicant’s military career were:

a.  Libya – Operation ELDORADO CANYON, from 12 April 1986 to 
17 April 1986; and

b.  Lebanon – from 1 June 1983 to 1 December 1987.  

6.  Army Regulation 600-8-22 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 applicant contends that he should be awarded the Armed Forces Expeditionary Medal.
2.  The applicant’s contention that he served in a designated operation area from 1986 to 1987 was rejected.  His other contention that serving anywhere within the Middle East as a linguist has always been considered a designated area for award of the Armed Forces Expeditionary Medal was considered and not found to have any merit.

3.  Army Regulation 600-8-22 is clear about the designated operations, areas, and dates of the respective operations which qualify for award of the Armed Forces Expeditionary Medal.  Service with the MFO is not one of the designated operations eligible for award of the Armed Forces Expeditionary Medal.  

4.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to award of the Armed Forces Expeditionary Medal, evidence of record clearly shows that his service in the Sinai with the MFO was appropriately recognized by his award of the Multinational Force and Observers Medal.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 February 1988; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
11 February 1991.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KW ___  __LD ___  ___EF  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.
2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




_____ Kenneth Wright________
          CHAIRPERSON




INDEX

CASE ID
AR20060012384
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0072.0000
2.

3.

4.

5.

6.