IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080008792
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 16 February 1999 to show award of medals or ribbons for service in Operation Desert Thunder.
2. The applicant states, in effect, that while on active duty she was assigned to the 3rd Infantry Division, Fort Stewart, Georgia. Her division was deployed to Kuwait in support of Operation Desert Thunder. She did not deploy with the Division and stayed at Fort Stewart. The applicant further states that her DD Form 214 does not show any information in regard to her time served or specific medals earned for Operation Desert Thunder.
3. The applicant provides her DD Form 214.
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 13 March 1996 and successfully completed basic training and advanced individual training. She was awarded military occupational specialty 75H (Personnel Services Specialist).
3. On 16 February 1999, the applicant was honorably released from active duty after completing 2 years, 11 months, and 4 days of creditable active service with no time lost.
4. Her DD Form 214 with the period ending 16 February 1999 shows that she was awarded the Army Good Conduct Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge (Rifle). Item 12f (Foreign Service) of her DD Form 214 shows no entry.
5. There are no orders or documents in the applicant's military records that show she was deployed to Kuwait in support of Operation Desert Thunder.
6. 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 designated military operations and dates of eligibility for this award are specified in this regulation and show it was awarded for service in Southwest Asia for Operation Desert Thunder during the period 11 November 1998 through 22 November 1998.
DISCUSSION AND CONCLUSIONS:
The only service award authorized for Operation Desert Thunder for units that deployed to Southwest Asia or in direct support of the operation was the Armed Forces Expeditionary Medal. There is no evidence that shows the applicant was deployed during her military service or that she was in direct support of Operation Desert Thunder. She acknowledged that she did not deploy to the area of operations. Therefore, she is not eligible for award of the Armed Forces Expeditionary Medal.
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) AR20080008792
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