IN THE CASE OF:	  

		BOARD DATE:	  15 September 2009

		DOCKET NUMBER:  AR20090006793 


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 that the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show, in effect, award of the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.

2.  The applicant states the FSM's records are not updated and that the update is needed to assist in determining her entitlements.

3.  The applicant provides a copy of the FSM's certificate of death, dated 
5 September 2000; a copy of a marriage license; a copy of a letter, dated 
15 April 2009, from the Department of Veterans Affairs; copies of two certificates of achievement, dated 1 September 1998; and a copy of the FSM's DD Form 214, dated 17 August 2000, in support of her request.

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 FSM's records show he enlisted in the Regular Army for 4 years on 7 May 1993.  He completed basic combat and advanced individual training and was awarded military occupational specialty 75H (Personnel Services Specialist). His records also show he executed a 23-month extension on 18 December 1995 and a 4-year reenlistment on 1 July 1998.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The FSM's records also show he served in Germany from on or about 3 April 1996 to on or about 30 March 1999.  He was assigned to Headquarters and Headquarters Battery, 6th Battalion, 52nd Air Defense Artillery.

4.  The FSM's records further show that he deployed with his unit to Southwest Asia from 15 June to 31 October 1998 in support of PATRIOT Task Force 6-52.  

5.  The FSM's records also show he was retired on 17 August 2000 and placed on the retired list in the rank of SGT by reason of physical disability.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

7.  The applicant provided two certificates of achievement.  One shows the FSM participated in Operation Desert Falcon; the other shows he participated in Operation Desert Tempest.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Service Medal.  This medal was established by Executive Order 12985, 11 January 1996, as amended by Executive Order 13286, 28 February 2003.  It is awarded to members of the Armed Forces of the United States who, after 
1 June 1992, participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  The 

Armed Forces Service Medal may be authorized for significant United States military activities for which no other United States campaign or service medal is appropriate, such as peacekeeping operations and/or prolonged humanitarian operations.  The Armed Forces Service Medal may be awarded for United States 
military operations in direct support of the United Nations (UN) or the North Atlantic Treaty Organization (NATO), and for operations of assistance to friendly 
foreign nations.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations or meet the following criteria (1) While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive) flying sorties into, out of, within, or over the area in direct support of the military operations; or (2) one day’s service is credited for the first sortie flown on any day.  The Armed Forces Service Medal provides recognition to participants who deploy to the designated area of eligibility for the qualifying operation.  Outstanding or meritorious performance of non-deployed or remotely located support units and individuals are not justification for award of the Armed Forces Service Medal.  Such performance may be recognized by appropriate unit and/or individual decorations.  Designated U.S. military operations approved for award of the Armed Forces Service Medal are Operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard (20 November 1995 to 19 December 1996); Operation Provide Comfort (1 December 1995 to 31 December 1996), Operations Joint Guard (20 December 1996 to 20 June 1998); Operation Joint Forge (21 June 1998 to a date to be determined); Operation U.N. Mission in Haiti; U.S. Forces Haiti, and U.S. Support Group-Haiti (1 April 1995 to 31 January 2000).

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  Qualifying service for Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995 to 18 March 2003); Maritime Intercept Operation (1 December 1995 to 18 March 2003); Vigilant Sentinel 1 (December 1995 to 15 February 1997); Operation Northern Watch (1 January 1997 to 18 March 2003); Operation 

Desert Thunder (11 November to 22 December 1998); Operation Desert Fox (16 to 22 December 1998); and Operation Desert Spring (31 December 1998 to 18 March 2003).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM’s DD Form 214 should be corrected to show the Armed Forces Service Medal and Armed Forces Expeditionary Medal.

2.  The Armed Forces Service Medal is awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  The designated U.S. military operations approved for award of the Armed Forces Service Medal are Operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard, Operation Provide Comfort, Operations Joint Guard, Operation Joint Forge, Operation U.N. Mission in Haiti; U.S. Forces Haiti, and U.S. Support Group-Haiti.  Regrettably, the FSM did not participate in any of the designated military operations.  Therefore, he does not meet the criteria for this award.

3.  There is also no evidence that the FSM was a bona fide member of a unit that participated in, or engaged in the direct support of the designated Southwest Asia operations that include participation in Operation Southern Watch, Maritime Intercept Operation, Vigilant Sentinel 1, Operation Northern Watch, Operation Desert Thunder, Operation Desert Fox, or Operation Desert Spring.  Regrettably, the FSM does not meet the criteria for award of the Armed Forces Expeditionary Medal

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)                                         AR20090006793



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ABCMR Record of Proceedings (cont)                                         AR20090006793



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