IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013086 


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).

2.  The applicant states he supported missions in Adana, Turkey; he was aboard refueling flights over Iraq; and he participated in other missions.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM))
* memorandum, dated 10 August 1994
* memorandum, dated 23 January 1998

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 27 August 1991.  He completed basic combat and advanced individual training and was awarded military occupational specialty 51C (Utilities Equipment Repairer).  The highest grade he achieved while serving on active duty was specialist/E-4.

3.  During the period 10 April 1992 through 19 March 1995 the applicant was assigned to the 324th Signal Company in Germany.  

4.  He was honorably discharged on 8 March 1998.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal (2nd Oak Leaf Cluster)
* Army Achievement Medal (5th Oak Leaf Cluster)
* National Defense Service Medal
* Humanitarian Service Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Drivers and Mechanics Badge with Driver-M Bar

5.  A DA Form 638-1 awarding him the ARCOM for the period of 22 March 1992 through 23 July 1995 states he deployed four times out of country and participated in Operations Provide Promise, Support Hope, Deny Flight, and Provide Comfort II.

6.  The applicant provided a memorandum, dated 10 August 1994, from his supervisor stating that he was deployed on real world missions in Adana, Turkey and Vicenza, Italy.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal.  It may be awarded to members of the Armed 
Forces of the United States who after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter during such 
participation foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. The award may be authorized for the following three categories of operations:
U.S. military operations, U.S. operations in direct support of the United Nations, and/or U.S. operations of assistance for friendly foreign nations.

8.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:  be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. 

9.  Tables 2-2 (Designated U.S. Military Operations), 2-3 (Designated U.S. operations in direct support of the United Nations), and 2-4 (Designated U.S. operations of assistance for friendly Foreign Nations) identify the designated mission, areas, and dates of service to qualify for award of the Armed Forces Expeditionary Medal.  Germany; Adana, Turkey; Vicenza, Italy; and Iraq are not listed as designated areas, and Operations Provide Promise, Support Hope, Deny Flight, and Provide Comfort II are not listed in the three categories of operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 27 August 1991 through 8 March 1998, of which 3 years was outside continental United States in Germany.  Germany; Adana, Turkey; Vicenza, Italy; and Iraq are not listed as designated areas, and Operations Provide Promise, Support Hope, Deny Flight, and Provide Comfort II are not listed in the three categories of operations for award of the Armed Forces Expeditionary Medal.

2.  There is no evidence in his records and he did not provide any evidence that shows he served a qualifying period of service in a qualifying location or operation for this award.  Therefore, there is insufficient evidence to support awarding him the Armed Forces Expeditionary Medal in this case.



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)                                         AR20110013086





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013086



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1