IN THE CASE OF:	  

		BOARD DATE:	  9 July 2009

		DOCKET NUMBER:  AR20090004184 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show any medal or badge for the Libya conflict and to show that he received his GED (General Educational Development) tests certificate [high school equivalency] during his period of active duty.

2.  The applicant states, in effect, that he was on alert when a conflict started in 1986 when the United States bombed Libya and believes there was a medal or badge awarded for that conflict.  He needs this in order to continue the hiring process as a Department of the Army police officer.  He also states that he received his GED while in the Army.   

3.  In support of his application, the applicant provides copies of GED official transcript of test results.

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's military records show he enlisted in the Army Delayed Entry Program on 21 June 1985.  He enlisted in the Regular Army, in pay grade E-1, on 11 July 1985.  He completed basic and advanced individual training and was awarded military occupational specialty 31M, Multichannel Communications Equipment Operator.  

3.  The applicant served in Germany from 9 January 1986 to 1 October 1987.  His records do not show he served in Libya or participated in Operation Eldorado Canyon during his period of active duty.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II), Item 17 (Civilian Education and Military Schools) shows he attended 4 years of high school but did not complete high school.

5.  The applicant submits a copy of his GED official transcript of test results that shows he was issued a diploma on 1 June 1987.

6.  The applicant was honorably separated from active duty, in pay grade E-1, on 2 October 1987.  Item 16 (Highest School Graduate or Equivalent) of his DD Form 214 contains an "X" in the "No" block.  

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 bonafide 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.  

8.  Table 2-2 of Army Regulation 600-8-22 also shows the pertinent designated US military operation, area, and dates as follows:  Operation Eldorado Canyon, Libya, from 12 April 1986 to 17 April 1986, as qualifying for award of the Armed Forces Expeditionary Medal.

9.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated, in pertinent part, that completion of Item 16 was self-explanatory; meaning if the 
education was completed prior to or during the period of service, an "X" would be entered in the "Yes" block or if the education was not completed an "X" would be entered in the "No" block.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant shows he completed tests of general educational development and was issued a diploma on 1 June 1987.  He was separated from active duty on 2 October 1987.  Based on the foregoing, the applicant is entitled to correction to his DD Form 214, Item 16, by placing an "X" in the "Yes" block.  

2.  The evidence of record shows the applicant served in Germany from 9 January 1986 to 1 October 1987.  There is no evidence he participated in Operation Eldorado Canyon during his period of active duty.  As a result, he did not meet the criteria for award of the Armed Forces Expeditionary Medal.  Therefore, there is insufficient evidence on which to base an award of the Armed Forces Expeditionary Medal in this case and its addition to his DD Form 214.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 16 of the applicant's DD Form 214 an "X" in the "Yes" block to indicate he received his high school diploma or equivalent while he was on active duty and providing him a separation document that includes this correction.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to award of the Armed Forces Expeditionary Medal for Operation Eldorado Canyon and its addition to his DD Form 214.




      _______ _   _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)                                         AR20090004184



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ABCMR Record of Proceedings (cont)                                         AR20090004184


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