IN THE CASE OF:
BOARD DATE: 22 August 20-
DOCKET NUMBER: AR20130001148
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) for the period ending 1 April 1998 to show the Armed Forces Service Medal (AFSM).
2. The applicant states he was deployed in support of Operation Provide Comfort (OPC) to the area of operation in March of 1995 and again in February 1996. Authorization of the AFSM for this operation became effective after his release from active duty and was therefore not entered on his DD Form 214.
3. The applicant provides:
* two DD Forms 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense Personnel)
* two DA Forms 67-8 (Officer Evaluation Report (OER))
* 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 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. On 10 May 1992, he was appointed as a Signal Corps Reserve commissioned officer in the rank of second lieutenant and he entered active duty on that date. He was promoted to the rank of captain on 1 June 1996.
3. He provides a DD Form 1610, dated 8 March 1995, showing he was authorized to travel to Incirlik, Turkey in support of a U.S. Army Europe tasking for OPC II from 16-21 March 1995.
4. He provides a DD Form 1610, dated 30 January 1996, showing he was authorized to travel to Incirlik, Turkey from 8-15 February 1996 for the purpose of an OPC Command Inspection Program.
5. He provides DA Forms 67-8 for the rating periods 15 February 1995 through 16 June 1995 and 17 June 1995 through 14 May 1996 showing he was assigned as a signal officer of a forward deployed unit. His duties included advising an out-of-sector detachment commander in support of OPC in Turkey.
6. On 1 April 1998, he was honorably discharged. He completed 5 years, 10 months, and 22 days of creditable active service. His DD Form 214 does not show the AFSM.
7. Army Regulation 600-8-22 (Military Awards) states the AFSM was established on 11 January 1996. It is 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:
a. 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.
b. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of operations. The AFSM provides recognition to participants who deploy to the designated area of eligibility for the qualifying operation. Outstanding or meritorious performance of non-deployed or remotely located support units and individuals are not justification for award of the AFSM. Such performance may be recognized by appropriate unit and/or individual decorations.
c. Table 2-5 shows that the AFSM is authorized for eligible participants of OPC during the period 1 December 1995 to 31 December 1996.
DISCUSSION AND CONCLUSIONS:
His record shows he was authorized to travel on TDY to Turkey on two occasions for periods of 6 and 8 days in support of OPC. An OER states his duties included advising a detachment commander in support of OPC in Turkey. However, the evidence of record does not support the applicant's request for correction of his DD Form 214 to show the AFSM.
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) AR20130001148
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ABCMR Record of Proceedings (cont) AR20130001148
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