IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090014407
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 (AFEM).
2. The applicant states that while she was a member of the 167th Signal Company the entire unit was issued award of the AFEM.
3. The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record).
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 she enlisted in the Regular Army (RA) on
17 August 1982. She served 12 years, 5 months, and 1 day of active service before she was honorably discharged on 17 January 1995 by reason of disability with severance pay.
3. The applicant's DA Form 2-1 shows she was assigned to the 167th Signal Company, 509th Signal Battalion, Vicenza, Italy from 2 April 1989 to 7 January 1992. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 does not show award of the AFEM.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the AFEM.
5. There is no evidence of record and the applicant did not provide any evidence that shows she or her unit deployed to a specific operation that qualified for award of the AFEM.
6. Army Regulation 600-8-22 (Military Awards) provides, that the AFEM 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. During the time of the applicant's assignment to the 167th Signal Company the AFEM was awarded for the following areas and dates: Panama Operation Just Cause from 20 December 1989 to 31 January 1990; El Salvador from 1 January 1981 to 1 February 1992; and Persian Gulf Operation Earnest Will from 24 July 1987 to 1 August 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that she was assigned to the 167th Signal Company from 2 April 1989 to 7 January 1992. The AFEM is awarded to individuals and not units. During the applicant's service in the 167th Signal Company, there were only three areas that qualified for award of the AFEM-- Panama, El Salvador, and the Persian Gulf. There is no documentation in the available records to show that the applicant was assigned to any one of those areas. Therefore, there is insufficient evidence to show she is eligible for award of the AFEM.
2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that 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) AR20090014407
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ABCMR Record of Proceedings (cont) AR20090014407
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