IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016807
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 the Armed Forces Expeditionary Medal (AFEM) and a second award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* two service medals are missing from his DD Form 214, a second award of the AAM and the AFEM for his service during Operation Southern Watch in Southwest Asia
* he was discharged three months after his deployment to Kuwait
* he believes the error occurred since he was discharged before the paperwork was completed
* he needs his DD Form 214 corrected for employment purposes
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate
* Orders for two awards of the AAM
* Photographs of his time in Kuwait
* Travel Voucher or Subvoucher
* Defense Finance and Accounting Service (DFAS) Military Net Pay Advice
* DFAS Military Leave and Earnings Statement
* DA Form 638 (Recommendation for Award)
* Excerpt pertaining to the AFEM from Army Regulation 600-8-22 (Military Awards)
* Letter, dated 12 September 2013, from a Member of Congress
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 31 August 1995 and trained as a cannon crewmember.
3. He provides Permanent Order Number 218-3, dated 12 August 1996, which shows he received the AAM for meritorious achievement during the period
10 June 1996 to 24 July 1996.
4. DFAS confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 15 June 1997 through 26 September 1997.
5. He provides Permanent Order Number 311-2, dated 28 October 1997, which shows he received the AAM for meritorious service during the period 15 October 1996 to 26 November 1997.
6. On 11 December 1997, he was honorably released from active duty.
7. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* AAM
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
8. Army Regulation 600-8-22 states 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. Qualifying service for this award includes participation in the following Southwest Asia operations:
* Operation Southern Watch from 1 December 1995 to 18 March 2003
* Maritime Intercept Operation from 1 December 1995 to 18 March 2003
* Vigilant Sentinel from 1 December 1995 to 15 February 1997
* Operation Northern Watch from 1 January 1997 to 18 March 2003
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows one award of the AAM, but orders show he received two awards of the AAM. Therefore, his DD Form 214 should be corrected to show two awards of the AAM.
2. Since he contends his unit deployed to Kuwait in support of Operation Southern Watch, and evidence shows he was deployed to Kuwait from June 1997 to September 1997, any reasonable doubt should be resolved in his favor. Therefore, he served a period of qualifying service for award of the AFEM for participation in a Southwest Asia operation and his DD Form 214 should be corrected to show this medal.
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:
a. by deleting the entry "ARMY ACHIEVEMENT MEDAL" from his DD Form 214; and
b. adding the Army Achievement Medal (2nd Award) and AFEM to 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) AR20130016807
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ABCMR Record of Proceedings (cont) AR20130016807
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