IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20080018515 


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 award of the Armed Forces Expeditionary Medal for operations in Lebanon and Grenada.

2.  The applicant states, in effect, she served during Operation Urgent Fury (Grenada) with Company B, 24th Infantry Regiment, and she was assigned in Germany when the Lebanon incident occurred.

3.  The applicant provides a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 enlisted in the Army Reserve on 20 August 1982 under the Delayed Entry Program and enlisted in the Regular Army on 23 November 1982.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) provides the following pertinent information:

	a.  assignment to Fort Jackson, SC for training;

	b.  her initial duty assignment was Company B, 24th Signal Battalion at Fort Stewart, GA from 23 May 1983 through 17 October 1984; 

	c.  service in Germany with the 501st Aviation Battalion from 28 November 1984 through 16 March 1986; 

	d.  service in Germany with the 61st Transportation Aviation Maintenance Company; and

	e.  award of the Good Conduct Medal, the Army Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Mechanic Bar.

4.  On 5 March 1987, the applicant was honorably discharged for a physical disability with severance pay.

5.  The DD Form 214 lists her authorized awards as the Army Service Ribbon, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Mechanic Bar.

6.  The record does not contain any indication that while the applicant was assigned to Company B, 24th Infantry Regiment she performed duties in Grenada. 

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, the following:

	a.  the Armed Forces Expeditionary Medal 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;

	b.  an “area of operation” is defined as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted; and

	c.  Table 2-2 provides the dates of service for award of the Armed Forces Expeditionary Medal for Lebanon as 1 July 1958 through 1 November 1958; and the dates of service for award of the Armed Forces Expeditionary Medal for Grenada-Operation Urgent Fury as 23 October 1983 through 21 November 1983. (Operation Urgent Fury is the only operation listed during the period the applicant was on active duty.)

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that she served in support of two operations for which the Armed Forces Expeditionary Medal was authorized.

2.  The applicant was not on active duty during the only period the Armed Forces Expeditionary Medal was authorized for service in Lebanon.

3.  The record does not contain and the applicant has not provided any documentation that she participated in actual combat or equally hazardous activity, or was a bona fide member of a unit that was participating in, or engaged in the direct support of, Operation Urgent Fury in Grenada.

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.




      _______ _   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)                                         AR20080018515





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ABCMR Record of Proceedings (cont)                                         AR20080018515



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