IN THE CASE OF:
BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100025641
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 that the Armed Forces Expeditionary Medal (AFEM) be added to his 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his DD Form 214 shows that he participated in designated military operations in support of friendly nations.
3. The applicant provides two copies of his 1996 DD Form 214, two earlier DD Forms 214 and a printout from Wikipedia on the AFEM.
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 retired as a sergeant first class on 31 December 1996. He had 19 years, 1 months and 16 days of active duty service during his final period and 2 years, 11 months, and 11 days during a previous period of active duty.
3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows that he served in Saudi Arabia from 25 December 1990 through 28 May 1991. Item 35 (Record of Assignments) shows service in Saudi Arabia from 25 December 1990 through 28 May 1991 when he returned to Germany.
4. His DD Form 214, in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Meritorious Service Medal, Army Commendation Medal, (3rd Award), Army Achievement Medal (4th award), Valorous Unit Award, Army Good Conduct Medal (6th Award), National Defense Service Medal, Southeast Asia Service Medal (3rd Award) Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Kuwait Liberation Medal (K), Kuwait Liberation Medal (SA), Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar. Item 18 (Remarks) shows, "SERVICE IN SOUTHEAST ASIA 19901225-19910528."
5. 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.
6. Subparagraph 2-2f of the regulation states, "members who earned the Southwest Asia Service Medal (SWASM) and subsequently became eligible, at any time, for the AFEM for Operation SOUTHERN WATCH may wear both awards. Service members who become eligible for both awards during their initial tour in SWA may elect to receive either, but may not be issued both medals for a single tour in SWA. Service members elected to receive the SWASM may be awarded the AFEM for participation in Operation SOUTHERN WATCH during a subsequent tour. According to Table 2-4 Operation Southern Watch lasted from 1 December 1995 18 March 2003.
7. The Wikipedia extract that the applicant submits describes the AFEM and notes that units who participated in Operation Southern Watch and immediately transitioned to Operation Iraqi Freedom are not eligible for both. The applicant has highlighted the entry pertaining to "Persian Gulf (Operation Earnest Will) 24 July 1987 1 August 1990". Table 2-4 of Army Regulation 600-8-22 carries the identical dates for Operation Earnest Will .
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he served in designated military operations.
2. The applicant served is SWA from 25 December 1990 to 28 May 1991.
3. There is no available evidence that the applicant served in the Southwest Asia before December 1990 or after 1 December 1995 which might have qualified him for the AFEM for either Operation Earnest Will or Operation Southern Watch.
4. In view of the foregoing there is no basis for granting the applicant's requested relief.
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) AR20100025641
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ABCMR Record of Proceedings (cont) AR20100025641
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