IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017154
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 (AFEM).
2. The applicant states that he separated from the Army before the AFEM was awarded and he believes the AFEM qualifies him for a point system increase.
3. The applicant provides an award certificate for the AFEM, a Certificate of Achievement, and a copy of his DD Form 214 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 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 20 March 1992, served as a machinist, and was honorably released from active duty on 19 March 1998.
3. The applicant's DD Form 214 does not show the AFEM as an authorized award.
4. The applicant provided an award certificate, dated 1 January 1998, for the AFEM for service in Southwest Asia during the period 1 September 1997 to 1 February 1998. He also provided an Operation Desert Falcon Certificate of Achievement, dated 1 January 1998, for exceptionally meritorious and distinguished service in defense of the Kingdom of Saudi Arabia.
5. Records at the Defense Finance and Accounting Service show the applicant served in a combat zone receiving hostile fire pay during the period 5 September 1997 to 4 December 1997 in Saudi Arabia.
6. 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 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 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.
ABCMR Record of Proceedings (cont) AR20090017154
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090017154
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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