IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021540
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 records to show award of the Global War on Terrorism Civilian Service Medal and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show the Armed Forces Expeditionary Medal (AFEM).
2. He states his unit was stationed at Ali Al Salam Air Base, Kuwait after the start date of availability for the AFEM. The 507th Air Ambulance was deployed to Kuwait as part of the multi-national Operation Intrinsic Action. The service center that processed his discharge was unaware of the authorization of the award.
3. He provides his DD Form 214 and DD Form 215 (Correction to DD Form 214).
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. He requests award of the Global War on Terrorism Civilian Service Medal. The ABCMR considers only requests pertaining to the correction of military records. Therefore, this portion of his request will not be discussed further in these proceedings.
3. His military records show he enlisted in the Regular Army on 9 September 1981. The highest rank/grade he held was staff sergeant/E-6.
4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Kuwait during the period 22 August 1994 through 3 December 1994.
5. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period April 1994 through March 1995 indicates he served in Kuwait for a portion of the rating period.
6. He was voluntarily retired for sufficient length of service for retirement on 30 September 2001.
7. His DD Form 214 as corrected by a DD Form 215 shows the Southwest Asia Service Medal (2nd Award). These forms do not show the AFEM.
8. 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 a specified time period. 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.
a. The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved.
b. Southwest Asia operations authorized the AFEM are:
* Operation SOUTHERN WATCH 1 December 1995 to 18 March 2003
* Maritime Intercept Operation 1 December 1995 to 18 March 2003
* Vigilant Sentinel 1 December 1995 to 15 February 1997
* Operation NORTHERN WATCH 1 January 1997 to 18 March 2003
* Operation DESERT THUNDER 11 November to 22 December 1998
* Operation DESERT FOX 16 to 22 December 1998
* Operation DESERT SPRING 31 December 1998 to 18 March 2003
9. Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.
DISCUSSION AND CONCLUSIONS:
Based on available evidence it appears he was awarded the Southwest Asia Service Medal for his service in Kuwait during the period 22 August 1994 through 3 December 1994. There is no available evidence he served during a qualifying period in Kuwait for entitlement to the AFEM. Therefore, there is an insufficient basis for adding the AFEM to his DD Form 214.
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) AR20110021540
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021540
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015306
Application for correction of military records (with supporting documents provided, if any). He also provided a DA Form 638 (Recommendation for Award), dated 10 July 1998, for award of the Army Commendation Medal for the period 21 February 1998 to 10 July 1998, which states, in pertinent part, that he was deployed to Kuwait in support of Operation Desert Thunder. DISCUSSION AND CONCLUSIONS: The available evidence is sufficient to support correcting the applicant's DD Form 214 for the...
ARMY | BCMR | CY2014 | 20140014887
A DA Form 638, dated 22 December 1998, shows he was awarded the ARCOM for meritorious service from 15 April 1996 to 18 January 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the ARCOM and the AAM. _______ _ 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.
ARMY | BCMR | CY2014 | 20140002986
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf and the Southwest Asia Service Medal (SWASM), the Armed Forces Expeditionary Medal (AFEM), and any other awards he may be authorized. Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service in item 13 on the DD Form 214. b. The available evidence shows he was in Saudi Arabia...
ARMY | BCMR | CY2013 | 20130017037
The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding award of the National Defense Service Medal, Southwest Asia Service Medal with one bronze service star, and Kuwait Liberation Medal-Kuwait to...
ARMY | BCMR | CY2011 | 20110010910
The applicant requests that his records be corrected by showing award of the Southwest Asia Service Medal, Joint Meritorious Unit Award, and two Armed Forces Expeditionary Medals. He states that: a. he was deployed to Kuwait in support of Operation Vigilant Warrior from October to December 1994, which shows he is eligible for award of the Southwest Asia Service Medal; b. he may qualify for award of the Joint Meritorious Unit Award; c. he was deployed to Bosnia-Herzegovina from 27 December...
ARMY | BCMR | CY2013 | 20130016807
The applicant requests the Armed Forces Expeditionary Medal (AFEM) and a second award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant provides: * DD Form 214 * Honorable Discharge Certificate * Orders for two awards of the AAM * Photographs of his time in Kuwait * Travel Voucher or Subvoucher * Defense Finance and Accounting Service (DFAS) Military Net Pay Advice * DFAS Military Leave and Earnings...
ARMY | BCMR | CY2013 | 20130013285
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Service Medal (GWOTSM) and Armed Forces Expeditionary Medal (AFEM). However, he provided an AFEM Certificate, dated 19 March 2001, which states he was awarded the AFEM for service in Southwest Asia during the period 25 January to 15 April 2001.
ARMY | BCMR | CY2011 | 20110024505
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (SWA) from August 1996 to December 1996 as well as any awards or service medals he may be entitled to for that service. This portion of his request will be considered by the Army Discharge Review Board; therefore, it will not be discussed further in these Proceedings. The applicant's request for correction of his DD Form 214 to show his service...
ARMY | BCMR | CY2010 | 20100017573
The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOEs designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. The governing Army regulation also shows the AFSM may be awarded...
ARMY | BCMR | CY2011 | 20110023836
The designated campaigns for Southwest Asia are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. In March 1994, JTF-SWA continued the drawdown of forces in support of Operation SOUTHERN WATCH by redeploying 3 F-16, 3 F-15E, and 3 F-15C aircraft from Dhahran, Saudi Arabia to the United States. d. Southern Watch operations continued without incident until...