IN THE CASE OF:
BOARD DATE: 01 April 2010
DOCKET NUMBER: AR20090015306
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) for the period ending 30 May 1999 to show award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states, in effect, he is entitled to the AFEM for his deployment in Kuwait/Iraq in support of Operations Desert Thunder/Northern Watch from February 1998 to July 1998. He contends orders for the AFEM for this deployment were read to his entire unit and medals were handed out but he never received written orders for the award.
3. The applicant provides a Certificate of Achievement and two orders for the Army Commendation Medal in support of his application.
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 applicant entered active duty on 3 October 1994, served as an armor officer, and was released from active duty on 30 May 1999.
3. The applicant's DD Form 214 for the period ending 30 May 1999 does not show the AFEM as an authorized award.
4. In support of his claim, the applicant provided a Certificate of Achievement for outstanding support and performance while assigned to coalition Task Force Kuwait. He also provided a DA Form 638 (Recommendation for Award), dated
10 July 1998, for award of the Army Commendation Medal for the period
21 February 1998 to 10 July 1998, which states, in pertinent part, that he was deployed to Kuwait in support of Operation Desert Thunder.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM 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 for friendly foreign nations. Qualifying service for this award includes participation in Southwest Asia operations from 1 December 1995 to 18 March 2003.
DISCUSSION AND CONCLUSIONS:
The available evidence is sufficient to support correcting the applicant's DD Form 214 for the period ending 30 May 1999 to show he was awarded the AFEM for his service in Southwest Asia.
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 AFEM on his DD Form 214 for the period ending 30 May 1999.
_______ _ 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) AR20090015306
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ABCMR Record of Proceedings (cont) AR20090015306
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