IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080007164 


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 his military records be corrected to show the award of the Armed Forces Expeditionary Medal. 

2.  The applicant essentially states that he served in support of Operation Southern Watch as a member of Task Force, 1st Battalion (Patriot), 7th Air Defense Artillery from 3 May 1997 to 15 September 1997.  He also states that the Armed Forces Expeditionary Medal was awarded to all members of his unit upon completion of this tour of duty, including himself. 

3.  The applicant provides no additional evidence in support of this application.

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 that he enlisted in the Regular Army on 16 July 1996.  He completed basic combat and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 31R (Multichannel Transmission Systems Operator-Maintainer).  He served in Germany from January 1997 to February 1999, attended a subsequent AIT course, and was awarded MOS 91Q (Pharmacy Specialist).  He was then reassigned to Fort Irwin, California, where he served until he was honorably discharged from active duty on 18 August 2003.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him at the time of his discharge from active duty shows that he was awarded the Army Commendation Medal, the Army Achievement Medal with Second Oak Leaf Cluster, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

3.  The applicant requested, in effect, that his military records be corrected to show the award of the Armed Forces Expeditionary Medal, and stated that he served in support of Operation Southern Watch as a member of Task Force, 1st Battalion (Patriot), 7th Air Defense Artillery from 3 May 1997 to 15 September 1997.  However, the available records only show that he served in Germany during his overseas service, and there is no evidence that he served 
30 consecutive or 60 nonconsecutive days in support of Operation Southern Watch.  The applicant also did not provide any evidence which shows this.

4.  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 for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation, or serve in the area of operations, or be engaged in direct support of the operation provided this support involves entering the area of operations, being engaged in combat, participation as a member of an aircraft flying in support of the operation, or being 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 award of the Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-22.  This regulation shows that the Armed Forces Expeditionary Medal was authorized for participation in Operation Southern Watch in Southwest Asia from 1 December 1995 to 18 March 2003.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that 
the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Armed Forces Expeditionary Medal. 

2.  While the sincerity of the applicant's claim that he served in support of Operation Southern Watch as a member of Task Force, 1st Battalion (Patriot), 7th Air Defense Artillery is not questioned, there is no evidence in the available records, and the applicant failed to provide any evidence to support his claim.  He did not provide any orders showing that he was reassigned or deployed to Southwest Asia, nor did he provide any leave and earnings statements reflecting that he was receiving hostile fire pay or imminent danger pay in 1997.  Regrettably, as the applicant's military records do not contain any evidence to support his claim, and the fact that the applicant provided none, there is insufficient basis upon which to correct his military records to show the award of the Armed Forces Expeditionary Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                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)                                         AR20080007164



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ABCMR Record of Proceedings (cont)                                         AR20080007164



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