IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005888
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 Service Medal (AFSM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states he qualifies for award of the AFSM due to his service in support of Border Security Operations in California in 2007.
3. The applicant provides:
* his DD Form 214 for the period ending 15 September 2007
* Orders 269-538, issued by Headquarters, Iowa National Guard, Office of The Adjutant General, Johnston, IA, dated 26 September 2006, ordering him to Active Duty Special Work (ADSW)
* an internet Wikipedia article explaining the AFSM
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 was serving in the Iowa Army National Guard (IAARNG) when he was ordered to ADSW from 10 October 2006 to 6 April 2007 for Border Security Operations ADSW (California).
3. On 15 September 2007, he was honorably released from active duty at the completion of required active Federal service and was returned to his IAARNG unit. He completed 11 months and 6 days of net active service this period.
4. His record contains a memorandum issued by Headquarters, 67th Troop Command, IAARNG, subject: AFSM for Operation Jump Start, dated
11 February 2009. This memorandum authorized the applicant to wear the AFSM in support of Operation Jump Start from 10 October 2006 through
30 September 2007.
5. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal 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. 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 eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days. Approved military operations that qualify for award of the AFSM include Operation Jump Start (15 May 2006 15 July 2008) where National Guard forces deployed to Texas, New Mexico, Arizona and California to assist the Department of Homeland Security with securing the southwest U.S. border.
DISCUSSION AND CONCLUSIONS:
The applicant served during a qualifying period of service for entitlement to the AFSM. 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 that the evidence presented was 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 to his DD Form 214 for the period ending 15 September 2007 the Armed Forces Service Medal.
_______ _ 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) AR20130005888
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ABCMR Record of Proceedings (cont) AR20130005888
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