IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018207
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal.
2. The applicant states she is eligible for award of the Armed Forces Expeditionary Medal and veterans' hiring preference in accordance with the Office of Personnel Management website and Department of Defense policy based on her service in Bad Kissingen, Germany, during the period 12-17 April 1986. She states her unit was placed on alert 2 weeks prior to the Operation El Dorado Canyon bombing of Libya.
3. The applicant provides an excerpt (page 37) from the Office of Personnel Management Vet Guide.
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 13 February 1985 and held military occupational specialty 95B (Military Police). The highest rank/grade she attained while serving on active duty was sergeant/E-5.
3. Her DA Form 2-1 (Personnel Qualification Record Part II) does not show any service in connection with operations in the Libyan area or Operation Eldorado Canyon. However, this form does show she was assigned to Germany from 29 June 1985 to 10 December 1986 with the following units:
* Battery A, 1st Battalion, 1st Air Defense Artillery Regiment, from 2 July 1985 to 15 March 1986
* Battery A, 3d Battalion, 52d Air Defense Artillery Regiment, from 16 March 1986 to 10 December 1986
4. She was honorably released from active duty on 12 February 1988. Her DD Form 214 does not show award of the Armed Forces Expeditionary Medal or participation in Operation El Dorado Canyon in Libya.
5. Research shows the 1986 United States bombing of Libya, code-named Operation El Dorado Canyon, comprised air strikes by the United States against Libya on Tuesday, 15 April 1986. The attack was carried out by the U.S. Air Force, U.S. Navy, and U.S. Marine Corps via air strikes in response to the 1986 Berlin discotheque bombing.
6. 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. This regulation defines "area of operation" as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted. "Direct support" is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft, provided it involves actually entering the designated area of eligibility. This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility. "Area of eligibility" is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted. Table 2-2 lists Operation El Dorado Canyon in Libya as a qualifying area for the period 12-17 April 1986.
DISCUSSION AND CONCLUSIONS:
The applicant was assigned to a U.S. Army unit in Germany and there is no evidence that she or her unit participated in Operation El Dorado Canyon. Furthermore, this was not an Army operation, it was conducted by the U.S. Air Force, U.S. Navy, and U.S. Marine Corps. Based on the foregoing, there is insufficient evidence to grant the requested relief.
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 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) AR20130018207
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ABCMR Record of Proceedings (cont) AR20130018207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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