IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013501 


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 a 5-point veterans' preference and award of the Armed Forces Expeditionary Medals for Grenada and Lebanon.

2.  The applicant states that after his discharge in 1986, a campaign medal was awarded for Operation Urgent Fury in Grenada for service from 23 October 1983 to 21 November 1983.  He adds that he was on active duty during that period and was assigned to the 193rd Infantry Brigade in Panama at the time.  He was awarded the Army Achievement Medal for his service as proof that he was there during that period but the Armed Forces Expeditionary Medal was not added to his DD Form 214.  He was also on active duty on 31 May 1983 during the Lebanon conflict.  He further adds that the 5-point veteran's preference was awarded after his separation from active duty and is thus not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 9 March 1986; a copy of a certificate, dated 27 April 1984, awarding him the Army Achievement Medal; a copy of Orders 36-5 issued by Headquarters, 193rd Infantry Brigade, dated 22 February 1984; copies of his leave and earnings statements (LES) for the months of September 1983 through December 1983; and a copy of a printout showing the criteria for award of the Armed Forces Expeditionary Medal 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 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 records show he enlisted in the Kentucky Army National Guard (KYARNG) on 1 February 1976.  He was subsequently ordered to active duty for training (ADT) on 27 June 1976, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 62M (Heavy Construction Equipment Operator).  He was honorably released from ADT to the control of his Army National Guard unit on 24 September 1976.

3.  The applicant's records show he served with the 201st Engineer Battalion, Carlisle, KY, and attained the rank/grade of sergeant (SGT)/E-5.  He was honorably discharged from the KYARNG on 2 February 1983.

4.  The applicant's records also show he enlisted in the Regular Army for a period of 3 years on 10 March 1983.  He was trained in and held MOS 63T (Bradley Fighting Vehicle Mechanic).  He completed 9 months and 19 days of foreign service and was honorably discharged on 9 March 1986 by reason of expiration of his term of service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Achievement Medal, the Army Reserve Components Achievement Medal, the Humanitarian Service Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, the Army Good Conduct Medal, and the Driver and Mechanic Badge.

6.  The applicant's records contain a copy of a certificate, dated 27 April 1984, that shows he was awarded the Army Achievement Medal while assigned to the 4th Battalion (Mechanized), 20th Infantry Platoon, 193rd Infantry Brigade, Fort Clayton, Panama.

7.  The applicant submitted copies of his September 1983 through December 1983 LESs that show he received overseas pay during this period.  He also submitted a copy of Orders 36-5 issued by Headquarters, 193rd Infantry Brigade, dated 22 February 1984, that show he was promoted to sergeant while a member of Headquarters and Headquarters Company, 4th Battalion (Mechanized), 20th Infantry.

8.  There is no indication in the applicant's records that he served in Grenada or in Lebanon.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal.  This award was established on 4 December 1961 and may be awarded to members of the Armed Forces of the United States who, after 1 July 1958, participate or have participated as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers and encounter during such participation foreign armed opposition, or are otherwise placed or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize.  The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations:  U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the 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 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:

	a.  be engaged in actual combat or duty which is equally as hazardous as combat duty during the operation with armed opposition, regardless of time in the area;

	b.  is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or

	c.  accumulate 15 days of service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation.  One day's service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.

10.  The Armed Forces Expeditionary Medal is awarded only for operations for which no other U.S. campaign medal is approved.  However, this does not prevent award eligibility for subsequent on-going operations if the associated campaign medal has been terminated.  No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation.  For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service.  The military service of the service member for whom qualification for the award of the AFEM is based will have been honorable.  Table 2-2 provides that the Armed Forces Expeditionary Medal is authorized for designated "U.S. military operations" in Lebanon from 1 July 1958 to 1 November 1958, Grenada (Operation Urgent Fury) from 23 October 1983 to 21 November 1983 (the qualifying criteria for non-direct support personnel in Grenada is 6 consecutive days or nonconsecutive days), and Panama (Operation Just Cause) from 20 December 1989 to 31 January 1990, and designated "U.S. military operations of assistance to a friendly foreign nation" in Lebanon from 1 June 1983 to 1 December 1987.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  Item 18 of this form is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal and the 5-point veterans' preference.

2.  With respect to the Armed Forces Service Medal, there is no evidence that the applicant was a bona fide member of a unit that participated in designated U.S. military operations in Lebanon from 1 July 1958 to 1 November 1958, Grenada from 23 October 1983 to 21 November 1983, or Panama from 20 December 1989 to 31 January 1990.  There is also no evidence that he was a bona fide member of a unit that participated in designated U.S. military operations of assistance to a friendly foreign nation in Lebanon from 1 June 1983 to 1 December 1987.  The fact that the applicant was on active duty during any or all of these operations does not entitle him to the Armed Forces Expeditionary Medal.

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  There is no provision in the governing regulation to add an entry with regard to veterans' preference as requested by the applicant.

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)                                         AR20090013501



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ABCMR Record of Proceedings (cont)                                         AR20090013501



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