IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013740
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 he be awarded the Armed Forces Service Medal (AFSM).
2. The applicant states he served during Operation Provide Promise from November 1994 to May 1995 but the AFSM was not introduced until 1996. He would like his service during this important operation recognized with this award.
3. The applicant provides a copy of DD Form 1610 (Request and Authorization for TDY (temporary duty) Travel).
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. After having had prior enlisted service, the applicant was appointed in the Regular Army as a second lieutenant and entered active duty on 11 August 1978. He departed on transition leave on 13 September 1995 and was placed on the retired list in the rank of major on 1 November 1995.
3. He provided a DD Form 1610 that shows he was authorized to proceed on TDY to Naples, Italy in support of Operation Provide Promise. He was to proceed on or around 28 November 1994 for a period of approximately 179 days.
4. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:
* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration)
* 60 nonconsecutive days provided this support involves entering the area of eligibility
5. Table 2-5 of Army Regulation 600-8-22 shows the designated U.S. military operations for which the AFSM is authorized. This table shows the AFSM is authorized for Operation Provide Promise for the period 20 November 1995 to
19 December 1996.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the AFSM has been carefully considered.
2. Evidence shows he was authorized TDY travel in support of Operation Provide Promise. However, the awards regulation authorizes the AFSM for Operation Provide Promise for the period from 20 November 1995 to 19 December 1996. He was placed on the retired list on 1 November 1995. Therefore, he did not serve a period of qualifying service for the AFSM.
3. Based on the foregoing, there is no basis to grant the 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) AR20110013740
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