IN THE CASE OF:	   

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130007938 


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.  The applicant states the Commander, 3rd Battalion, 229th Aviation, authorized him award of the AFEM; however, the medal was not recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a memorandum.

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 (RA) on 27 January 1994 for a period of 6 years.  He was awarded military occupational specialty 67T (UH-60 Helicopter Repairer).  He attained the rank of sergeant (E-5) on 1 August 1997.
 
3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service), he served in Alaska from 4 August 1995 through 10 July 1998;

   b.  item 9 (Awards, Decorations, and Campaigns), he was awarded the:

* National Defense Service Medal
* Driver's Badge with "W" (Wheel) Component Bar
* Army Service Ribbon
* Aircraft Crewman Badge
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar

   c.  item 35 (Record of Assignments), he was assigned to Company D, 
3rd Battalion, 229th Aviation, Fort Bragg, NC, from 7 December 1994 through 
13 July 1995; and

   d.  item 33 (Date) shows he reviewed the document on 10 July 1998.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 January 2000 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed
6 years of total active service that included 2 years, 11 months, and 7 days of foreign service.  It also shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral "2"
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge
* Driver's Badge with Wheel Component Bar

	b.  item 18 (Remarks):  does not show the applicant deployed to a foreign country or the period of any such deployment;

5.  A review of the applicant's military personnel records failed to show any evidence that he served overseas in a foreign country.

6.  In support of his application, the applicant provides a copy of Headquarters, 3rd Battalion, 229th Aviation, Fort Bragg, NC, memorandum, dated 17 February 1995, subject:  Award of the AFEM, that shows the commander authorized award of the AFEM to the applicant based on meeting the requirements outlined in 
U.S. Army Personnel Command message, dated 29 December 1994.

7.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of Hazardous Duty Pay (HDP) or Hostile Fire Pay/Imminent Danger Pay (HFP/IDP).  A DFAS official reported the applicant's records do not show HDP or HFP/IDP during 1994 or 1995.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.

   a.  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.  Qualifying service for this award includes participation in Operation Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the AFEM based on a memorandum that shows he met the requirements for award of the AFEM.
2.  There is no evidence in the applicant's military personnel records that shows he served overseas in a foreign country.  In addition, DFAS records failed to show the applicant was authorized HDP or HFP/IDP during the period 1994 through 1995.

3.  The applicant did not provide a telephone number or email address on his application.  Therefore, the analyst was unable to contact him to obtain any additional evidence he might have showing he served overseas in a foreign country (i.e., Haiti).

4.  The evidence of record shows the applicant reviewed his DA Form 2-1 more than 3 years after the memorandum he provides in support of his request for the AFEM.  However, the AFEM is not listed in item 9.

5.  Therefore, despite the document the applicant provides in support of his request, based on the evidence of record, the memorandum alone provides insufficient evidence to correct his records to show the AFEM.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20130007938



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ABCMR Record of Proceedings (cont)                                         AR20130007938



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