IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130013385
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 records to show his award of the Armed Forces Expeditionary Medal.
2. The applicant states he was awarded the medal during Operation Uphold Democracy; however, the proper entries were not made to his record. With his agency facing reductions in force he would like to update his records.
3. The applicant provides copies of an Armed Forces Expeditionary Medal, two authorization memoranda with attached personnel roster, and his 19 December 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 served on active duty in the Regular Army from 21 August 1993 through 19 December 1997.
3. His DA Form 2-1 (Personnel Qualification Record - Part II) and the two memoranda he provides show the applicant was authorized the Armed Forces Expeditionary Medal on 1 March 1995. This award was omitted from his
DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant was authorized award of the Armed Forces Expeditionary Medal on 1 March 1995; however, it was not included on his DD Form 214. It is appropriate to include this award on his DD Form 214.
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 including his award of the Armed Forces Expeditionary Medal on 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) AR20130013385
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130013385
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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