Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090017154
Original file (20090017154.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017154



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100019262

    Original file (20100019262.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Saudi Arabia and award of the Armed Forces Expeditionary Medal (AFEM). It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing...

  • ARMY | BCMR | CY2015 | 20150002841

    Original file (20150002841.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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) and Army Commendation Medal (ARCOM). He provided a certificate showing Headquarters, U.S. Army Forces Central-Saudi Arabia, awarded him the AFEM for service in Southwest Asia during the period 15 February-15 June 1998.

  • ARMY | BCMR | CY2015 | 20150001089

    Original file (20150001089.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Armed Forces Expeditionary Medal (AFEM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 May 1995 through 24 May 1998; and b. adding to his DD Form 214 the Army...

  • ARMY | BCMR | CY2011 | 20110016214

    Original file (20110016214.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. There is no evidence showing the applicant served in a unit during a period for which the unit was awarded the PUC.

  • ARMY | BCMR | CY2014 | 20140003907

    Original file (20140003907.txt) Auto-classification: Approved

    He provided a NATO Certificate which shows he was awarded the NATO Medal for service with NATO in operations in relation to the former Republic of Yugoslavia during the period 16 January 1996 to 1 October 1996. Based on the applicant's service in Bosnia from 16 January 1996 to 1 October 1996, he is authorized award of the NATO Medal and correction of item 18 of his DD Form 214 to show this deployment. Based on his service in SWA from 1 October 1997 to 31 December 1997, he is authorized...

  • ARMY | BCMR | CY2014 | 20140002986

    Original file (20140002986.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf and the Southwest Asia Service Medal (SWASM), the Armed Forces Expeditionary Medal (AFEM), and any other awards he may be authorized. Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service in item 13 on the DD Form 214. b. The available evidence shows he was in Saudi Arabia...

  • ARMY | BCMR | CY2009 | 20090016384

    Original file (20090016384.txt) Auto-classification: Approved

    With respect to the Armed Forces Expeditionary Medal, the evidence of record shows the applicant served in Saudi Arabia from 8 September 2001 to 2 March 2002 in support of Operation Desert Shift, part of Operation Southern Watch, which is a qualifying period for award of the Armed Forces Expeditionary Medal. With respect to the Army Good Conduct Medal, the evidence of record shows the applicant served honorably during the period 8 August 2000 through 8 March 2004. Lacking any derogatory...

  • AF | BCMR | CY2010 | BC-2010-00997

    Original file (BC-2010-00997.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00997 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect: 1. While the applicant has requested an oak leaf cluster for his AFEM, not more than one medal shall be awarded to any one Service member. However, he has not provided any sufficient evidence to substantiate...

  • ARMY | BCMR | CY2011 | 20110016894

    Original file (20110016894.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the: * Army Commendation Medal * Army Achievement Medal * Armed Forces Expeditionary Medal * Operation Desert Falcon Certificate of Achievement 2. Lacking any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 28 February 1996 through 27...

  • ARMY | BCMR | CY2008 | 20080016174

    Original file (20080016174.txt) Auto-classification: Approved

    The evidence of record clearly shows that she deployed to Southwest Asia in support of Operations Desert Shield/Desert Storm from 16 January 1991 to 11 March 1991. The applicant was a member of the United States Army Reserve when she was ordered to active duty in support of Operations Desert Shield/Desert Storm and served in Southwest Asia from 16 January 1991 to 11 March 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be...