IN THE CASE OF:	

		BOARD DATE:	16 August 2011

		DOCKET NUMBER:  AR20110003334 


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 he was awarded the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he has records and orders showing he was awarded he AFEM.

3.  The applicant provides copies of:

* his DD Form 214
* a Memorandum for Record, subject:  Armed Forces Expeditionary Medal
* Permanent Orders 052-1801, Headquarters U.S. Army Infantry School, Fort Benning, GA  dated 2 April 1999
* MILPER Message Number 00-102 (Award of the AFEM for Operation Desert Spring in the Expanded Area of Eligibility of Southwest Asia Iraq Operations

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 enlisted in the Regular Army on 22 February 1996.  He completed training and was awarded military occupational specialty 95B (Military Police).  

3.  His DA Form 2-1 (Personnel Qualification Record - Part I) shows in:

	a.  item 5 (Overseas Service) he was in Korea from 18 February 1998 through 16 February 1999.

	b.  item 9 (Awards, Decorations, and Campaigns) he was awarded the Army Service Ribbon, Oversea Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	c.  item 38 (Record of Assignments) shows he was assigned to the 
18th Military Police Company in Korea from 20 February 1998 through
15 February 1999, and to the Adjutant General Replacement Detachment, Fort Benning, GA, effective 17 March 1999. 

4.   Defense Finance and Accounting Service records show the applicant received imminent danger pay for service in Kuwait from 13 April to 8 August 1999 (4 months and 6 days of foreign service).

5.  On 18 September 2001, the applicant was honorably discharged due to Disability, with Severance Pay.  He had completed 5 years, 6 months, and 
27 days of creditable active duty service.

6.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service) – 11 months and 29 days;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, Army Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	c.  item 18 (Remarks) – no entry for his deployment to Kuwait.

7.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the Korea Defense Service Medal (KDSM).  It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows:  (a) service members of the Armed Forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense, (b) the area of eligibility encompasses all land area of the Republic of South Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas, (c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days; and

	b.  for award of the AFEM to participants 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM was authorized for service in Kuwait during Operation Desert Spring from 31 December 1998 to 18 March 2003.

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that item 18 will contain the following entry for Regular Army Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Records show his service in Kuwait qualified him for award of the AFEM, and he served during a qualifying period for award of the KDSM.  Therefore, these medals should be shown on his DD Form 214.

2.  The evidence clearly shows the applicant served 11 months and 29 days in the Republic of Korea and 4 months and 6 days in Kuwait, totaling 1 year, 4 months, and 5 days.  This service should be shown in item 12f of his DD Form 214.

3.  The evidence shows the applicant was deployed to Kuwait where he received imminent danger pay from 13 April to 8 August 1999.  Item 18 of his DD Form 214 should be corrected to reflect this service.
BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  showing that in addition to the awards shown on his DD Form 214 his authorized awards include the AFEM and KDSM;

	b.  showing in item 12f of his DD Form 214:  1 year, 4 months, and 6 days; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19990413-19990808."



      ___________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)                                         AR20100019262



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ABCMR Record of Proceedings (cont)                                         AR20110003334



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