IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001166
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 award of the Armed Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM).
2. The applicant states he believes he qualifies for the above awards and wants them added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of his DD Form 214 with a 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. The applicant served in the Regular Army from 18 August 1987 through 20 December 1991 as an infantryman.
3. The applicant's military records show he served in Korea and Southwest Asia. His records show entitlement to:
* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* National Defense Service Medal
* Driver and Mechanic Badge
* Southwest Asia Service Medal with 2 bronze service stars
* Combat Infantryman Badge
* Army Commendation Medal
* Army Achievement Medal
* Korea Defense Service Medal
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
4. Following his Regular Army service, the applicant served in the New Jersey Army National Guard (NJARNG) from 9 September 1993 to 18 January 1995 and from 21 September 1997 to 20 September 1999. His National Guard records do not indicate any deployments.
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The AFSM 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
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the AFEM and AFSM was carefully considered and determined to lack merit.
2. The applicant believes he qualifies for the above two awards, but does not indicate how he believes this. His record during the period of his Regular Army service clearly does not support his request. He did not deploy as a member of the NJARNG to a locale where either award was authorized (e.g., Bosnia), so he never received a subsequent DD Form 214 and never won authorization for the awards.
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) AR20120001166
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