BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100027569
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 he be awarded the Armed Forces Expeditionary Medal (AFEM) and it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he is entitled to the AFEM for Operations of Assistance of Friendly Foreign Nations, Lebanon from June 1983 to 1 December 1987. He wants to finally be authorized his 5-point Veterans Preference, with which he would be eligible to apply for Veterans Preference positions within the Federal government.
3. The applicant provides his DD Form 214 and a computer printout of the requirements for award of 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 applicants military records show that he enlisted in the Regular Army on 28 January 1987 and was awarded the military occupational specialty of unit level communications maintainer.
3. His DA Form 2-1 (Personnel Qualification Record), Item 35 (Record of Assignments) shows that after initial entry training, the applicant was assigned to Germany where he remained until his discharge. Item 5 of this form (Oversea Service) only has one entry, and that is for Europe Germany.
4. On 4 August 1989, the applicant was given a general discharge
5. 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. 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.
6. Army Regulation 600-8-22 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.
7. One of the Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation is Lebanon for the period 1 June 1983 to 1 December 1987.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records do not contain any evidence that he served in Lebanon or was specifically deployed for the direct support of Lebanon.
2. As such, there is insufficient evidence in which to award him 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) AR20100027569
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