IN THE CASE OF:
BOARD DATE: 2 DECEMBER 2008
DOCKET NUMBER: AR20080015146
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 and that it be added to his DD Form 214.
2. The applicant states, in effect, that this is not an error but a correction. He would like to have his DD Form 214 amended to show the Armed Forces Expeditionary Medal for Operation Desert Thunder and Operation Desert Fox. A memorandum, justification, and a Leave and Earnings Statement (LES) are attached as proof. This was while he was assigned to the 3rd Battalion, 5th Special Forces Group (Airborne) at Fort Campbell, Kentucky. He is not sure if this is the proper procedure to request the addition and just discovered this. He adds that there is probably a Joint Meritorious Unit Award or other awards from that mission but he is not sure how to obtain them.
3. In support of his request, the applicant provided a copy of his Defense Finance and Accounting Service Military (DFAS) Form 702, Military LES, for the period 1 through 31 March 1998; a copy of a Memorandum for Record, Subject: Operation Desert Thunder, dated 5 May 1998; a copy of page 27 extracted from Army Regulation 600-8-22 (Military Awards) which delineates military operations for which the Armed Forces Expeditionary Medal was authorized for award; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); and a copy of a DD Form 215 (Correction to 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's personnel service records show he served on active duty from 1 March 1989 through 28 June 1998. He was honorably discharged on 28 June 1998 in the rank and pay grade Staff Sergeant, E-6, in response to an Early Release Program - Special Separation Benefit. On the date of his discharge, the applicant had completed 9 years, 3 months, and 28 days of net active service.
3. The LES the applicant submitted shows he earned hostile fire pay (HFP) for the period 1 through 31 March 1998. The LES also shows he was entitled to HFP beginning 1 February 1998. The applicant's LES further shows he was paid foreign duty pay (FDP) which had a beginning date of 14 February 1998.
4. The memorandum for record dated 5 May 1998 the applicant submitted shows he was deployed to Camp Doha, Kuwait City, Kuwait, in support of Operation Desert Thunder, for the period 12 February through 14 March 1998.
5. The Armed Forces Expeditionary Medal and the Joint Meritorious Unit Award are shown among the applicant's awarded or authorized awards that are shown in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. These awards were made for the applicant's service in Operation Uphold Democracy in Haiti.
6. Army Regulation 600-8-22, Table 2-4 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation), shows the announced inclusive dates for Operation Desert Thunder were from 11 November to 22 December 1998. The recognized dates for Operation Desert Fox were from 16 to 22 December 1998.
7. Army Regulation 15-185 (Army Board for the Correction of Military Record), states in paragraph 2-2 that the ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was deployed and served in Kuwait for the period from 12 February through 14 March 1998. The period of the applicant's service in Kuwait was before the established and recognized timeframe for Operations Desert Thunder and Desert Fox. These operations, according to Army Regulation 600-8-22 spanned from 11 November to 22 December 1998 and from 16 to 22 December 1998, respectively.
2. The applicant is advised that the ABCMR is not an investigative body. The ABCMR considers individual applications that are properly brought before it and decides cases on the evidence of record. An individual has the responsibility of investigating and providing the ABCMR evidence to support a request for an award.
3. Based on the evidence in this case, the applicant is not entitled to award of the Armed Forces Expeditionary Medal for either Operation Desert Thunder or Operation Desert Fox and to have this award added to his DD Form 214.
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) AR20080015146
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ABCMR Record of Proceedings (cont) AR20080015146
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