IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080000758 


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, that he be awarded the Armed Forces Expeditionary Medal for his active duty service in the Falchin (sic - Falkland) Islands Conflict with Great Britain in England. 

2.  The applicant states, in effect, that he was never awarded the Armed Forces Expeditionary Medal for serving oversea in 1984.

3.  The applicant provides no additional documentation in support of his request.

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 military records show he enlisted in the Michigan Army National Guard (MIARNG) on 9 January 1981.  He was trained as a light weapons infantryman, in military occupational specialty (MOS) 11B.  He was advanced to pay grade E-3 effective 10 December 1983 and served until he was honorably released from active duty in the MIARNG on 8 January 1985.

3.  Item 5 (Overseas Service), of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II), shows he completed no overseas service.

4.  Item 27 (Remarks), of the applicant's DA Form 2-1, shows an entry, "OCONUS [Outside Continental United States] (820619) (YES)"; but, no further clarifying information appears for this entry.  A review of the applicant's records failed to reveal that orders were ever prepared for his deployment or his unit's deployment to the Falkland Islands during the period of the Falkland Island Conflict.

5.  The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar (M16); the Expert Marksmanship Qualification Badge, with Hand Grenade Bar; and the Army Service Ribbon / OCONUS.  His NGB Form 22 does not show any additional awards.

6.  A printout from the Internet shows that the Falklands War, also known as the Falklands Conflict/Crisis, occurred from 2 April 1982 to 14 June 1982.  Belligerents in this conflict were Argentina and Great Britain.  There is no evidence of involvement by United States forces in this conflict.

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 does not show the Falkland Islands Conflict as an operation for which the Armed Forces Expeditionary Medal was designated or authorized for award to armed forces personnel of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant had no overseas service; however, his DA Form 2-1 shows the entry "OCONUS (820619) (YES)," which implies that he served outside the United States on that date.  The applicant failed to provide any evidence he was deployed OCONUS on that date and his records also fail to show where he was deployed, with whom he deployed, and the exact duration of his deployment, if he were deployed OCONUS as indicated. 

2.  Based on the evidence available, there is insufficient evidence to show that the applicant served in the Falkland Islands Conflict as he alleges during the period 2 April 1982 to 14 June 1982 and he is therefore not entitled to award of the Armed Forces Expeditionary Medal and to have it added to his NGB
Form 22.

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)                                         AR20080000758



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ABCMR Record of Proceedings (cont)                                         AR20080000758



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