IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130003092
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and her last duty assignment and major command as the U.S. Army Electronics Materiel Readiness Activity, U.S. Army Europe (USAREUR), in Germany.
2. The applicant states she needs her DD Form 214 to reflect her service in Germany and award of the AFEM.
3. The applicant provides a copy of her 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. The applicant enlisted in the Regular Army on 21 March 1985 for a period of 3 years, training as a stock control and accounting specialist, and assignment to Europe. She completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Lee, Virginia, before being transferred to the 45th Ordnance Company, Nuremberg, Germany, on 16 August 1985. She was advanced to pay grade E-4 on 21 March 1986.
3. She completed her overseas service in Germany on 4 February 1987 and was transferred to the U.S. Army Electronics Materiel Readiness Activity, Vint Hill Farms Station, Warrenton, Virginia.
4. On 23 April 1987, she was honorably released from active duty at Fort Myer, Virginia, due to pregnancy. She completed 2 years, 1 month, and 3 days of active service with 1 year, 5 months, and 18 days of foreign service. Her DD Form 214 shows she was awarded or authorized the Army Service Ribbon and Overseas Service Ribbon.
5. A review of her official records failed to show she was ever awarded the AFEM or that she served in an area qualified to receive the AFEM.
6. 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 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 operation. To date, the AFEM has not been authorized for service in Germany.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. The regulation in effect at the time made no provisions for entering the country of foreign service unless it was an imminent danger area.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show her last assignment was in USAREUR, Germany, and award of the AFEM has been noted and found to lack merit.
2. The applicant's final assignment was at Vint Hill Farms Station in Virginia and there is no evidence to show she ever served in an area authorized award of the AFEM.
3. Additionally, the version of the regulation in effect at the time made no provisions for entering the country of foreign service unless it was an imminent danger area.
4. As a result, there appears to be no basis to grant her request.
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 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.
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