IN THE CASE OF:	  

		BOARD DATE:	 28 February 2012 

		DOCKET NUMBER:  AR20110016214 


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 the following awards:

* Armed Forces Expeditionary Medal (AFEM)
* Army Achievement Medal (AAM)
* Presidential Unit Citation (PUC)

2.  He also requests, in effect, correction of his DD Form 214 to show his foreign service in Southwest Asia.

3.  He states his DD Form 214 does not show the medals he is entitled to and does not show the time he spent in Saudi Arabia or other areas of Southwest Asia during his unit's deployment for Operation Desert Lightning from July through December 1996.  He states he was refused membership in the Veterans of Foreign Wars because his DD Form 214 does not show his foreign service.

4.  He provides a:

* DD Form 214
* Certificate of Achievement
* Memorandum
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* Certificate of Training


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.  Following completion of service in the U.S. Army Reserve and Army National Guard, on 28 December 1995 the applicant enlisted in the Regular Army.

3.  On 29 April 1998, he was honorably discharged for disability with severance pay.  His DD Form 214 shows in:

* Item 8a (Last Duty Assignment and Major Command) 178th Maintenance Company, 35th Air Defense Artillery (ADA) Brigade
* Item 12f (Foreign Service) no service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Army Service Ribbon
* Item 18 (Remarks) no entries documenting deployed service

4.  During the processing of this case, an analyst at the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/ imminent danger pay (HF/IDP) and combat-zone tax exclusion (CZTE) from 
23 July through 10 December 1996 for Saudi Arabia.

5.  The record is void of documentation showing he was awarded the AFEM and AAM or that he served in a unit that was awarded the PUC.

6.  He provides:

* a Certificate of Achievement showing he was deployed to Southwest Asia from July to December 1996 as a member of Task Force 2-1 ADA in support of Operation Desert Lightning  
* a memorandum, dated 16 October 1996, from the Commander, 178th Maintenance Company, showing he was deployed to Saudi Arabia in support of the United Nations Resolution restricting flight in southern Iraq
* a DA Form 2173 showing he was injured in December 1996 while deployed to Southwest Asia
* a Certificate of Training, dated 1 August 1996, showing he completed the U.S. Army Central Command Saudi Arabia Hazardous Material Site Managers Course

7.  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.  Tables 2-2, 2-3, and 2-4 list the designated operations, geographical areas, and time periods for award of the AFEM.  Operation Desert Lightning is not among the operations listed. 

8.  Army Regulation 600-8-22 states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 states the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

10.  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.  The version of the regulation in effect at the time stated for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.
11.  The current version of Army Regulation 635-5 states that for an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of orders awarding the AAM to the applicant, there is no basis for correcting his DD Form 214 to show this award.  

2.  The evidence of record does not show the applicant served in an operation designated for award of the AFEM.  Therefore, there is no basis for correcting his DD Form 214 to show this award.

3.  There is no evidence showing the applicant served in a unit during a period for which the unit was awarded the PUC.  Therefore, there is no basis for correcting his DD Form 214 to show this unit award.

4.  The record shows he deployed with his unit to Saudi Arabia and served there from 23 July 1996 through 10 December 1996 (4 months and 18 days) in support of Operation Desert Lightning.  He is entitled to correction of item 12f of his DD Form 214 to show this service.  It would also be appropriate to add an entry in item 18 of his DD Form 214 to show he served in Saudi Arabia during this period.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00";
	b.  adding to item 12f the entry "0000  04  18"; and

	c.  adding to item 18 the statement "SERVICE IN SAUDI ARABIA FROM 19960723 - 19961210."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the AFEM, AAM, and PUC.  



      _______ _   _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)                                         AR20110016214



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ABCMR Record of Proceedings (cont)                                         AR20110016214



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