IN THE CASE OF:
BOARD DATE: 08 JANUARY 2009
DOCKET NUMBER: AR20080017084
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 (AFEM) for his service in Somalia and Kuwait and that all of his authorized awards be entered on his records and issued to him.
2. The applicant states, in effect, that he should have been awarded the AFEM for his service in Somalia in 1992 and his service in Kuwait in 1994. He goes on to state that he was an E-4 with three Army Commendations Medals (ARCOMs) and he desires all of his awards to be entered on his records and to have the medals issued to him.
3. The applicant indicates that he is providing copies of orders with his application; however, they were not received with his 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 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 2 May 1990 for a period of 3 years, training as a food service specialist, and assignment to Europe. He completed his training and was transferred to Germany on 2 October 1990 for assignment to an aviation regiment in Giebelstadt.
3. He was advanced to the pay grade of E-4 on 1 July 1991 and on 23 March 1993 he reenlisted for a period of 4 years.
4. On 14 February 1994, his commander initiated a bar to reenlistment against him due to his continued indebtedness and his reluctance to repay his debts. The applicant elected not to submit a statement in his own behalf and the appropriate authority approved the bar to reenlistment on 22 February 1994. The applicant elected not to appeal his bar to reenlistment.
5. The applicant departed Germany on 16 August 1994 and was transferred to an armor battalion at Fort Stewart, Georgia.
6. Although not present in the available records, his records show that nonjudicial punishment was imposed against the applicant which resulted in his being reduced to the pay grade of E-3 on 4 December 1995.
7. On 28 March 1996, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, due to a reduction in force. He had served 5 years, 10 months, and 27 days of total active service. His DD Form 214 issued at the time of his discharge shows that he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.
8. A review of the applicant's records show no indication that the applicant was awarded any individual awards or that he deployed in support of any operations to an overseas area other than his tour in Germany.
9. Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. There is no indication that the AFEM was authorized for Somalia and/or Kuwait.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's contention that he deployed to Somalia and Kuwait are not in doubt, there simply is no evidence in the available records to support that contention and the applicant has provided no evidence that he in fact did deploy to those areas.
2. The applicant's contention that he was awarded three ARCOMs has also been noted; however, he has failed to show through the evidence submitted with his application and the evidence of record that such is the case. Therefore, in the lack of evidence to the contrary, there appears to be no basis to grant his request.
3. There is no evidence in this case to show that the applicant is eligible to be awarded the AFEM. Accordingly, there is no basis to award him the AFEM at this time.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
_________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) AR20080017084
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ABCMR Record of Proceedings (cont) AR20080017084
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