IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100007297


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 the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he met the requirements for the AFEM, but it wasn't added to his DD Form 214.

3.  The applicant provides no additional documentation.

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 was a staff sergeant/E-6 who served 20 years and 17 days in the Regular Army.  He was a Multiple Launch Rocket System crewmember.  In 1998, he deployed with his unit, Battery A, 13th Field Artillery, Fort Stewart, GA, to Kuwait to participate in Operation Desert Thunder.  The dates of deployment were from on or about 19 February 1998 to on or about 6 July 1998 according to a memorandum, dated 7 June 1998, signed by the Commander, Battery A, 13th Field Artillery.  However, the applicant's military pay records show he received hostile fire/imminent danger pay and combat zone tax exclusion from 13 March 1998 to 6 July 1998.

3.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The regulation defines "area of operation" as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  "Direct support" is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  "Area of eligibility" is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.  The regulation establishes the dates for Operation Desert Thunder as 11 November 1998 to 22 December 1998.

4.  The following information is provided about Operation Desert Thunder.

	a.  In the Fall and Winter of 1997, Iraq's Saddam Hussein engaged in a series of aggressive acts which threatened regional stability:

* he violated no-fly zones
* he threatened to shoot down U2 reconnaissance over-flights
* he interfered with United Nations (UN) weapons inspection teams

	b.  Operation Desert Thunder was the effort to provide military presence and capability during negotiations between the UN and Iraq over weapons of mass destruction.  In late 1997 and early 1998, Iraq demonstrated an unwillingness to cooperate with UN weapons inspectors.  While diplomatic efforts continued in the hope of a peaceful solution, naval presence in the Gulf swelled as Operation Desert Thunder began.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the AFEM added to his DD Form 214.  He contends he qualified for the award when he participated in Operation Desert Thunder.

2.  The applicant served in Kuwait during the February or March 1998 to 6 July 1998 time frame; the exact start date is unclear.  He presented a 7 June 1998 memorandum signed by his company commander stating the deployed Soldiers [applicant included] met the requirements for the AFEM.

3.  Army Regulation 600-8-22 awards the AFEM for Operation Desert Thunder, but the established dates are 11 November 1998 to 22 December 1998, not the dates the applicant served in Kuwait.

4.  The applicant's DD Form 214 shows he retired on 31 July 2001, more than 3 years after returning from Kuwait and reportedly qualifying for the AFEM as stated in his commander's 7 June 1998 memorandum.  This was more than sufficient time to have the AFEM awarded and added to his military records, so that his DD Form 214 would reflect it.  That it was not added and not entered on his DD Form 214 strongly suggests the commander's memorandum was in error and the award was not made.

5.  The applicant has not shown entitlement to the AFEM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100007297



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ABCMR Record of Proceedings (cont)                                         AR20100007297



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