IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002796
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 Armed Forces Expeditionary Medal (AFEM).
2. He states he believes that, by law, the AFEM is issued to any service member who has served 3 consecutive years of active duty during a period for which Congress has authorized a campaign award. He served on active duty for 4 continuous years from 1997 to 2001. The award was given by Congress to all qualified service members for Operation Southern Watch (in the Persian Gulf) and Iraq (Operations Northern Watch, Desert Spring, Enduring Freedom, and Iraqi Freedom).
3. He provides his 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 29 August 1997, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman), and he was assigned to duty in Panama.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Panama from 13 December 1997 through 12 December 1999.
4. On 28 September 2001, he was honorably released from active duty after completing 4 years and 1 month of net active service this period.
5. His record is void of documentation showing he was authorized the AFEM, and his record is void of documentation showing any foreign service other than his service in Panama.
6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It 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. Tables 2-2, 2-3, and 2-4 list operations for which the AFEM is authorized. The AFEM was authorized for service in Panama during Operation Just Cause from 20 December 1989 to 31 January 1990. The AFEM was also authorized for several operations in Southwest Asia.
DISCUSSION AND CONCLUSIONS:
1. Award of the AFEM requires an individual to serve within a specific geographic area during specified time periods. He served in Panama, but he did not serve there during a period for which the AFEM was authorized. There is no
evidence showing he served in any other geographic areas during operations for which the AFEM was authorized.
2. Although he states Congress has authorized award of the AFEM to all service members who served while certain operations were ongoing, he does not provide the specific statutory authority upon which his statement is based and such authority could not be located by search within the United States Code.
3. In view of the foregoing, there no basis for granting the applicant's requested relief.
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) AR20130002796
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