BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008562
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal.
2. The applicant states that he served in Kuwait from January 1998 to May 1998 and that he received the Armed Forces Expeditionary Medal but it is not listed on his DD Form 214. He needs this corrected so he may continue to serve as a member of the Veterans of Foreign Wars.
3. The applicant did not provide any additional documentary evidence in support of his 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 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 applicants records show he enlisted in the Regular Army for a period of 4 years on 21 March 1996. He completed basic combat and advanced individual training and was awarded military occupational specialty 77F (Petroleum Supply Specialist). He also executed a 3-year reenlistment on 23 March 1999. He was honorably discharged on 30 July 2001.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Army Commendation Medal, the Army Achievement Medal (2nd Award), and the Army Service Ribbon. Item 24 does not show award of the Armed Forces Expeditionary Medal.
4. An electronic mail message, dated 26 August 2009, from the Defense Finance and Accounting Service shows the applicant received hostile fire pay/imminent danger pay for service in Kuwait from 9 January 1998 to 6 May 1998.
5. Army Regulation 600-8-22 (Military Awards) 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 1998 to 22 December 1998), Operation Desert Fox (16 December 1998 to 22 December 1998), and Operation Desert Spring (31 December 1998 to 18 March 2003).
6. A review of the applicant's records indicates his entitlements to additional awards which are not shown on his DD Form 214.
7. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, Permanent Orders 051-011, dated 20 February 2001, show the applicant was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 21 March 1996 through 20 March 1999.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Kuwait from 9 January 1998 to 6 May 1998 in support of what appears to be Operation Southern Watch, which is a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his records to show this award.
2. Permanent orders awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 21 March 1996 through 20 March 1999 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
__x_____ __x_____ __x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Armed Forces Expeditionary Medal and Army Good Conduct Medal (1st Award) 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.
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