IN THE CASE OF:	  

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090016862 


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 he be awarded the Armed Forces Service Medal (AFSM) and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 8a (Last Duty Assignment and Major Command) the entry “Camp David HQ” instead of “Camp Davis HQ” as currently reflected.

2.  The applicant states, in effect, that he served on active duty during the period of 1981 to 1992 and at the time of his discharge he was serving with the White House Communications Agency with duty at Camp David.  He goes on to state that the AFSM was established subsequent to his service and he believes that he is entitled to the award because he encountered no foreign armed opposition or imminent hostile action while on active duty.  Additionally, his DD Form 214 was incorrectly prepared to reflect “Camp Davis” instead of “Camp David.”

3.  The applicant provides a copy of his DD Form 214 and a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

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 enlisted in the Regular Army on 23 February 1981 and served as a single channel radio operator until he was honorably released from active duty (REFRAD) on 22 February 1985 due to the expiration of term of service.

3.  He again enlisted in the Regular Army on 30 September 1985 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 April 1990.  He was assigned to the White House Communications Agency with duty at the Camp David Detachment, Thurmont, Maryland.

4.  On 1 August 1992, while still assigned to Camp David, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, the Enlisted Voluntary Early Transition Program.  He had served 10 years, 10 months, and 2 days of total active service.  His records show he served a 1-year tour in Greece and 35 months in Germany during his active service.  He was transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve) as a condition of receiving a Special Separation Benefit (SSB) payment of $30,519.45.  At the time of his discharge his DD Form 214 was prepared to reflect in block 8a. that his last duty assignment was “Camp Davis HQ.”

5.  On 21 September 1994, he enlisted in the Tennessee Army National Guard and served until he was honorably discharged on 5 May 1997 due to incompatible occupation.  A review of the applicant’s records failed to reveal that the applicant participated in any designated military operations.

6.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.  Operations approved for award of the AFSM include Operations PROVIDE PROMISE, JOINT ENDEAVOR, ABLE SENTRY, DENY FLIGHT, AND SHARP GUARD FROM 16 July 1992 to 19 December 1996.  Operation PROVIDE COMFORT WAS APPROVED FROM 1 December 1995 to 31 December 1996 and Operation JOINT GUARD was approved from 20 December 1996 to 20 June 1998.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214, block 8a incorrectly reflects his last duty assignment as "Camp Davis HQ” instead of "Camp David HQ" has been considered and found to have merit.

2.  Accordingly, his DD Form 214 should be corrected at this time to reflect his last duty assignment was “Camp David HQ.” 

3.  However, his contention that he should be awarded the AFSM has been considered and found to lack merit.  The applicant has failed to show through the evidence of record and the evidence submitted with his application that he participated in an approved military operation that qualifies for award of the AFSM.  Therefore, in the absence of such evidence, there appears to be no basis to award him the AFSM at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in block 8a of his DD Form 214 and adding the entry "Camp David HQ." 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the AFSM.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20090016862



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ABCMR Record of Proceedings (cont)                                         AR20090016862



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