IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080008442
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 correction of his records to show award of the Armed Forces Expeditionary Medal. He further requests that his records show that he served in Operations Nimrod Dancer and Just Cause.
2. The applicant states, in effect, that the above award for his service in Operations Nimrod Dancer and Just Cause were never entered in his records.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to
timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 29 December 1988 for a 6 year term of service.
3. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) does not show any overseas service.
4. The applicant was honorably discharged on 3 April 1990 after completing
1 year, 3 months, and 5 days of creditable active service.
5. His DD Form 214 with the ending period 3 April 1990 shows he was awarded the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Component Bar [Rifle Bar], and the Army Achievement Medal. Item 12f (Foreign Service) shows no entry.
6. There are no orders in the applicant's records that show he served in Panama (i.e., deployment and/or temporary duty (TDY)).
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. The governing regulation for award of the Armed Forces Expeditionary Medal shows that it was awarded for service in Panama during the period from 20 December 1989 to 31 January 1990.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized preparation of the DD Form 214. For item 12f (Foreign Service) it states that, from the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered in block 12c.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he did not receive the Armed Forces Expeditionary Medal for his service in Operations Just Cause and Nimrod Dancer. However, there is no evidence in the applicant's records and he has not provided evidence that shows he deployed to Panama for those operations. Therefore, there is insufficient evidence to show he is eligible award of the Armed Forces Expeditionary Medal.
2. There is no evidence in the applicant's records that show he served in or deployed to Panama during his term of service. Therefore, there is insufficient evidence to change items 12f of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ __xx____ ___xx___ 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.
_______xxxx___________
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) AR20080008442
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ABCMR Record of Proceedings (cont) AR20080008442
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