IN THE CASE OF: .
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110014176
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states she served in Somalia from 27 November 1993 to 2 May 1994.
3. The applicant provides copies of her DD Form 214 and DA Form 2-1 (Personnel Qualification Record).
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 enlisted in the Regular Army on 13 August 1992. She completed basic combat and advanced individual training and was awarded military occupational specialty 25M (Illustrator). The highest grade/rank she attained while serving on active duty was specialist/E-4.
3. Her DA Form 2-1 shows in:
* item 5 (Overseas Service): temporary duty in Somalia from
27 November 1993 to 5 February 1994
* item 9 (Awards, Decorations, and Campaigns): Armed Forces Expeditionary Medal (1st Award)
* item 27 (Remarks): duty in imminent danger pay area, Somalia
27 November 1993 to 5 February 1994
4. She was honorably discharged from active duty on 17 December 1996 after serving a total of 4 years, 4 months, and 5 days on active duty. Her DD Form 214 shows in:
* item 13 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized):
* Army Lapel Button
* Joint Service Achievement Medal
* Army Achievement Medal (2nd Oak Leaf Cluster)
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* item 18 (Remarks) "SERVICE IN SOMALIA 19931127 - 19940205"
5. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Somalia for Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence on the applicant's DA Form 2-1 and DD Form 214 proves sufficient to show she was assigned in Somalia and qualifies for award of the Armed Forces Expeditionary Medal. Accordingly, she is entitled to have her DD Form 214 corrected to show this award.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding to item 13 of her DD Form 214 the Armed Forces Expeditionary Medal.
_______ _ __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) AR20110014176
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014176
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