IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140014887
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 Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he has documentation for the ARCOM and AAM but they are not listed on his DD Form 214.
3. The applicant provides:
* orders
* AAM Certificate
* ARCOM Certificate
* DA Form 638 (Recommendation for Award)
* a Certificate of Achievement for his service during Intrinsic Action 97-01
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 19 January 1994. He completed training and was awarded military occupational specialty 98G (Voice Interceptor). The highest grade he attained was sergeant/E-5.
3. He provides a certificate of achievement issued to him for outstanding achievement during Intrinsic Action 97-01 while deployed to Kuwait from February to June 1997.
4. Permanent Orders 135-01, issued by Headquarters, 1st Squadron, 7th Cavalry, 1st Cavalry Division, Fort Hood, TX, dated 15 May 1997, show he was awarded the AAM for outstanding achievement during Intrinsic Action 97-01 from 16 February to 15 June 1997.
5. A DA Form 638, dated 22 December 1998, shows he was awarded the ARCOM for meritorious service from 15 April 1996 to 18 January 1999.
6. His AAM Certificate and Certificate of Achievement confirm his service in Kuwait during Intrinsic Action 97-01.
7. On 18 January 1999, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 issued at that time shows he was awarded or authorized the following:
* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
8. His records are void of documentation showing he was awarded the AFEM.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. 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. Qualifying service for Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995 to 18 March 2003), Maritime Intercept Operation (1 December 1995 to 18 March 2003), Vigilant Sentinel (1 December 1995 to 15 February 1997), Operation Northern Watch (1 January 1997 to 18 March 2003), Operation Desert Thunder (11 November 1998 to 22 December 1998), Operation Desert Fox (16 December 1998 to 22 December 1998), and Operation Desert Spring (31 December 1998 to 18 March 2003).
DISCUSSION AND CONCLUSIONS:
1. Orders awarded him the ARCOM and the AAM. He is entitled to correction of his DD Form 214 to show these awards.
2. Army Regulation 600-8-22 does not list Intrinsic Action 97-01 as a designated operation for award of the AFEM. Therefore, the applicant is not entitled to have his record corrected to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the ARCOM and the AAM.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the AFEM.
_______ _ 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) AR20140014887
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ABCMR Record of Proceedings (cont) AR20140014887
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