IN THE CASE OF:
BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090019921
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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on 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:
* his DD Form 214 does not show the AFEM for his service in Somalia
* the original medal for this deployment was to be the Humanitarian Service Medal
* the decision for the upgrade to the AFEM was made mid-deployment
* after he received his honorable discharge and moved to Washington he discovered the AFEM was not listed on his DD Form 214
* his service in Somalia occurred in 1993
3. The applicant provides no documentary evidence 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 enlisted in the Regular Army on 11 September 1990, served as a general construction equipment operator, and was released from active duty on 10 September 1994.
3. Item 13 on the applicant's DD Form 214 does not show the AFEM as an authorized award.
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay from 11 May 1993 to
13 September 1993 in Somalia.
5. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded 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 Operation Restore Hope and Operation United Shield in Somalia from
5 December 1992 through 31 March 1995.
DISCUSSION AND CONCLUSIONS:
The DFAS information which shows the applicant served in Somalia is accepted as sufficient evidence on which to amend his DD Form 214 to show award of the AFEM. Therefore, item 13 on his DD Form 214 should be corrected to show this medal.
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 in item 13 on 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) AR20090019921
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ABCMR Record of Proceedings (cont) AR20090019921
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