IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130015725
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 her foreign service and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states her DD Form 214 does not show this information. She believes that it will be important if she applies for Veteran Preference in Federal employment.
3. The applicant provides copies of:
* her DD Form 214
* Memorandum from Commander, 92d Chemical Company, Fort Stewart, Georgia, dated 17 April 1998, with an attached list of Soldiers who are authorized the AFEM for operation Southern Cross. The applicant is listed by name and social security number as having served from 23 February 1998 to 26 June 1998.
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 in the Regular Army from 6 February 1997 through
31 July 2000. She was placed on the Temporary Disability Retired List on
1 August 2000. Item 12f of her DD Form 214 shows no foreign service.
3. A unit memorandum shows the applicant was authorized the AFEM for service in operation Southern Cross from 13 February 1998 to 26 June 1998.
4. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas 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 operations, including Operation Southern Watch 1 December 1995 to 18 March 2003
5. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service, taken from the Enlisted Record Brief and/or DA Form 2-1 performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in Item 12f (Foreign Service). It also directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/M M/DD format.
6. Defense Finance and Accounting Service (DFAS) reports the applicant was authorized Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 20 February 1998 through 25 June 1998
DISCUSSION AND CONCLUSIONS:
1. The applicant was authorized the AFEM and it should be added to the authorized awards shown on her DD Form 214.
2. DFAS confirms that the applicant received Hostile Fire/Imminent Danger Pay for a period of 4 months and 7 days during Operation Southern Cross . Item 12f should reflect this foreign service.
3. The instruction for completion of the DD Form 214 require an appropriate Remarks entry showing the location and duration of deployed service.
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 changing her DD Form 214 by showing:
a. 00 years, 4 months , and 7 days of foreign service in item 12f;
b. adding the Armed Forces Expeditionary Medal to the awards already listed in item 13; and
c. inserting in item 18 "Service in Kuwait 19980220-19980625".
_______ _ 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) AR20130015725
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130015725
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004016
Application for correction of military records (with supporting documents provided, if any). The applicant provided Military Personnel Message Number 96-02, Subject: Termination Date for the Southwest Asia Service Medal and the National Defense Service Medal and Award of the Armed Forces Expeditionary Medal (AFEM) for Operation Southern Watch. The evidence of record shows he served in Kuwait in support of Operation Southern Watch from 19 September through 10 December 1996 and 15 June...
ARMY | BCMR | CY2011 | 20110016214
Application for correction of military records (with supporting documents provided, if any). 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. There is no evidence showing the applicant served in a unit during a period for which the unit was awarded the PUC.
ARMY | BCMR | CY2010 | 20100019262
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Saudi Arabia and award of the Armed Forces Expeditionary Medal (AFEM). It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing...
ARMY | BCMR | CY2015 | 20150002528
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. b. item 18 was to contain for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110024505
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (SWA) from August 1996 to December 1996 as well as any awards or service medals he may be entitled to for that service. This portion of his request will be considered by the Army Discharge Review Board; therefore, it will not be discussed further in these Proceedings. The applicant's request for correction of his DD Form 214 to show his service...
ARMY | BCMR | CY2010 | 20100023636
The applicant requests: * award of the Armed Forces Expeditionary Medal * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this medal and the Army Good Conduct Medal * correction of his DD Form 214 to show his foreign service in Saudi Arabia in support of Operation Desert Spring, including the country, city, dates, or the operations 2. With respect to his dates of deployment, his TCS orders show he deployed on or about 10 September 2000. The...
ARMY | BCMR | CY2010 | 20100018120
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 7 months of foreign service in Bosnia and award of the Armed Forces Expeditionary Medal (AFEM) for participation in support of Operation Joint Forge. His military pay records are accepted as sufficient as a basis to amend his DD Form 214 to show his foreign service in Bosnia. Based on the correction in paragraph 1, above, he served a period of qualifying service in Bosnia for...
ARMY | BCMR | CY2012 | 20120007484
There is no evidence of record which shows he received the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia. There is no evidence of record, and the applicant provided none, which shows he received the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia. Therefore, there is insufficient evidence on which to base adding the NATO Medal to his DD Form 214.
ARMY | BCMR | CY2011 | 20110003334
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Armed Forces Expeditionary Medal (AFEM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that in addition to the awards shown on his DD Form 214 his authorized awards include the AFEM...
ARMY | BCMR | CY2014 | 20140012948
Military Personnel (MILPER) Message Number 13-325, issued 30 October 2013, subject: Campaign, Expeditionary, and Service Medals for the Former Republic of Yugoslavia, states the area of eligibility for the AFEM would mirror that of the Kosovo Campaign Medal with the addition of Bosnia-Herzegovina, Croatia, and Hungary. Based on the evidence of his service in Bosnia, his DD Form 214 for the period ending 2 September 2002 should be corrected to show 6 months and 13 days of foreign service. ...