RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060012777 


	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 he was not aware of the Armed Forces Expeditionary Medal. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge From Active Duty) that was issued at the time of his discharge on 1 November 1991 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
1 November 1991, the date of his discharge from the Regular Army.  The application submitted in this case is dated 24 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 United States Army Reserve (USAR) on 2 March 1987.  He then entered active duty for training on 26 March 1987, completed basic and advanced individual training (AIT), and was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). He was then released from active duty for training on 25 July 1987, and transferred back to his USAR unit.  On 14 June 1990, he enlisted in the Regular Army, and entered active duty on that date.  He attended AIT for MOS 35G (Biomedical Equipment Specialist), but was academically relieved from this course on 28 January 1991.  He was then reassigned to Fort Lee, Virginia, where he served in MOS 76Y until he was discharged on 1 November 1991 for a physical disability that existed prior to his service.  The DD Form 214 that was issued to him at the time of his discharge shows that he was awarded the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Item 12f (Foreign Service) of the applicant’s DD Form 214 does not show that he had any foreign service.  There is also no evidence in the applicant’s military records that he ever served overseas, or that he ever engaged in direct support of a military operation for 30 consecutive days, or 60 nonconsecutive days provided that this support involved entering an area of operations.  

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 shows that he served 1 year, 4 months, and 
18 days of continuous enlisted active duty from 14 June 1990 to 1 November 1991.  However, it does not show that he was awarded the Good Conduct Medal for this period of service.  There is no derogatory information in his military records which would preclude award of the Good Conduct Medal to the applicant for this period of active duty service. 

7.  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.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except that for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Armed Forces Expeditionary Medal.

2.  There is no evidence in the applicant’s military records that shows that he ever served overseas, or that he ever engaged in direct support of a military operation for 30 consecutive days, or 60 nonconsecutive days provided that this support involved entering an area of operations of a designated military operation specified in Army Regulation 600-8-22 for award of the Armed Forces Expeditionary Medal.  Absent such evidence, there is no basis for awarding the Armed Forces Expeditionary Medal to the applicant in this case.

3.  The applicant honorably served 1 year, 4 months, and 18 days of enlisted active duty from 14 June 1990 to 1 November 1991, and there is no derogatory information in his military records which would preclude awarding him the Good Conduct Medal for this period of service.  Therefore, he is entitled to award of the Good Conduct Medal for the period 14 June 1990 to 1 November 1991, and correction of his military records to show the award of the Good Conduct Medal.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 November 1991; therefore, the time for him to file a request for correction of any error or injustice expired on 
31 October 1994.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KW___  ___LD  __  ___EF __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Good Conduct Medal for the period 14 June 1990 to 
1 November 1991 while serving as a specialist.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the Armed Forces Expeditionary Medal to the applicant.  




_____ Kenneth Wright_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012777
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
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0072.0000
2.
107.0056.0000
3.
110.0400.0000
4.

5.

6.