BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100011122
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 three Army Achievement Medals (AAM) and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he was awarded three AAMs, but they are not shown on his DD Form 214. He also states he participated with his unit in Operation Desert Spring and is authorized an AFEM for that deployment.
3. The applicant provides three DA Forms 638 (Recommendation for Award) and a copy of Permanent Orders 206-607, Headquarters, US Army Field Artillery Center and Fort Sill, dated 24 July 2000, directing a temporary change of station for Alpha Battery, 2nd Battalion, 4th Field Artillery, Fort Sill, OK to Camp Doha, Kuwait for Operation Desert Spring. He provides a manifest page with his name on it.
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 served 3 years in the Regular Army from 21 May 1998 to 20 May 2001 with Alpha Battery, 2nd Battalion, 4th Field Artillery (MLRS Multiple Launch Rocket System).
3. The applicant provided three DA Forms 638 awarding him the AAM as follows:
* 17 May 2000 for meritorious achievement as Training Room Clerk
* 13 February 2001 for meritorious achievement as Battery Fire Direction Specialist
* 17 July 2001 for meritorious achievement as Battery Fire Direction Specialist
4. The applicant deployed with his unit on or about 17 August 2000 to Camp Doha, Kuwait to participate in Operation Desert Spring. Operation Desert Spring was a training exercise to maintain a forward presence and provide control and force protection over Army forces in Kuwait.
5. The applicant's DD Form 214 shows he was awarded the:
* Army Service Ribbon
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22, in Table 2-3, authorizes the AFEM for participants in Operation Desert Spring from 31 December 1998 to 18 March 2003.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants the AAM (2nd Oak Leaf Cluster or 2OLC) and the AFEM added to his DD Form 214.
2. The applicant provided three DA Forms 638 awarding him the AAM (2OLC). These awards should be added to his DD Form 214.
3. The applicant participated with his unit in Operation Desert Spring. Army Regulation 600-8-22 authorizes the AFEM for this operation. The AFEM should be added to the applicant's DD Form 214.
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 AAM (2OLC) and 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) AR20100011122
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ABCMR Record of Proceedings (cont) AR20100011122
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