IN THE CASE OF:	   

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130006823 


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 and Army Achievement Medal (6th Award).

2.  The applicant states he was awarded the Armed Forces Expeditionary Medal for deployment with Task Force 6-52 from January to July 1996.  He also received six awards of the Army Achievement Medal during his career.  The first award of the Army Achievement Medal was awarded in 1993 at Fort Bliss, TX, and he was awarded the other five while serving with the 6th Battalion, 43rd Air Defense Artillery (ADA) and 6th Battalion, 52nd ADA in Ansbach, Germany, from 1993 to 1996.  He plans to reenlist in the U.S. Army Reserve (USAR) and needs his records updated prior to this service.

3.  The applicant provides no additional evidence.

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 30 July 1992.  He completed training and was awarded military occupational specialty 14S (avenger crewmember).  

3.  He was released from active duty in pay grade E-4 on 10 July 1998 and he was transferred to the USAR Control Group (Reinforcement).  He was credited with completing 5 years, 11 months, and 11 days of net active service of which 2 years, 3 months, and 10 days was foreign service.  His DD Form 214 lists the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  His record is void of any orders awarding him the Army Achievement Medal during his period of active duty.

5.  According to the official Eighth Army (Korea) website, after a series of activation, re-designation, and inactivation, the 6th Battalion, 52nd ADA was reactivated on 16 October 1996 in Ansbach, Germany.  It was task organized as Task Force 6-52 ADA on 2 March 1998.  It was cited during a rotation to Southwest Asia for its performance in 1996. 

6.  He enlisted in the USAR on 13 March 2007.

7.  On 16 May 2013, a staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Saudi Arabia from 29 February through 21 July 1996.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Armed Forces Expeditionary Medal may be awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers.; encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize.  The award may be authorized for the following three categories of operations: U.S. military operations, U.S. operations in direct support of the United Nations, and/or U.S. operations of assistance for friendly foreign nations.

	b.  Service members must be bona fide members of a unit participating in or be engaged in the 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 involved entering the area of operations or meet one or more of the following criteria:  be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. 

	c.  Tables 2-2 (Designated U.S. Military Operations), 2-3 (Designated U.S. operations in direct support of the United Nations), and 2-4 (Designated U.S. operations of assistance for friendly Foreign Nations) identify the designated mission, areas, and dates of service to qualify for award of the Armed Forces Expeditionary Medal.  Southwest Asia is listed as a designated area for Operation Southern Watch (1 December 1995 to 18 March 2003), Maritime Intercept Operation (1 December 1995 to 18 March 2003), and Vigilant Sentinel (1 December 1995 to 15 February 1997).  

	d.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after
1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Armed Forces Expeditionary Medal, the applicant served on active duty from 30 July 1992 to 10 July 1998, of which 2 years, 3 months, and 10 days was foreign service.  Although his pay records confirm he served in Southwest Asia from 29 February 1996 to 21 July 1996, it is unclear what specific operation he supported.   In the absence of additional documentary evidence indicating the purpose of his service in Southwest Asia at the time, there is insufficient evidence to establish his eligibility for award of the Armed Forces Expeditionary Medal in this case.

2.  With respect to the sixth award of the Army Achievement Medal, none exists in his service record.  Likewise, he provides none to support his contention.  The governing regulation states formal recommendation, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.  In the absence of the official orders, there is insufficient evidence to list any awards of the Army Achievement Medal on his DD Form 214. 

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)                                         AR20130006823



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ABCMR Record of Proceedings (cont)                                         AR20130006823



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