BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130002865
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 award of the Armed Forces Expeditionary Medal (AFEM).
2. He states there was no medal issued for his second period of service in Southwest Asia from 1 September 1996 to 6 October 1997 for Operation Vigilant Sentinel.
3. He provides his DD Form 214 and National Guard Bureau Form 22 (Report of Separation and Record of Service).
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. After having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 28 October 1994. He was honorably discharged on 27 October 1997 and credited with 3 years of active duty service.
3. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal
* Joint Meritorious Unit Award
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM) with one bronze service star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
4. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 1 September 1995 to 15 November 1995 and 1 September 1996 to 6 January 1997.
5. A U.S. Army Central Command-Kuwait memorandum with unit roster, dated 20 September 1995, stated the applicant was eligible for the SWASM with one bronze service star for his participation in the Southwest Asia Cease-Fire Campaign.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. Qualifying service for this award includes participation in Southwest Asia Operation Vigilant Sentinel from 1 December 1995 to 15 February 1997.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Southwest Asia on two separate occasions, 1 September 1995 to 15 November 1995 and 1 September 1996 to 6 January 1997. The applicant's records further show he was awarded the SWASM with one bronze service star for his participation in 1995. His service during the period 1 September 1996 to 6 January 1997 qualifies him for award of the AFEM which is not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
__X___ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AFEM to his DD Form 214.
___________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) AR20130002865
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ABCMR Record of Proceedings (cont) AR20130002865
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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