IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009239
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) by:
* deleting the Southwest Asia Service Medal with 1 bronze service star
* showing award of the Armed Forces Expeditionary Medal
2. The applicant states individuals who qualify for both the Armed Forces Expeditionary Medal and Southwest Asia Service Medal may elect to receive the Armed Forces Expeditionary Medal. He should have been given the option of which medal he wanted to receive. He served over 30 consecutive days in Southwest Asia during Operation Southern Watch which qualifies him for the Armed Forces Expeditionary Medal in lieu of the Southwest Asia Service Medal. He was assigned to E Battery, 3rd Battalion (BN), 43rd Air Defense Artillery (ADA), 11th Brigade (BDE), Fort Bliss, TX, at that time.
3. The applicant provides his DD Form 214.
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 June 1994 and he held military occupational specialty 16T (Patriot Missile Crewmember).
3. He was honorably released from active duty on 11 November 1996 and transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows his last unit of assignment as E Battery, 3rd BN, 43rd ADA, 11th BDE, Fort Bliss.
4. His DD Form 214, in part, shows award of the Southwest Asia Service Medal with 1 bronze service star. Item 18 (Remarks) shows he served in Southwest Asia from 25 October 1995 to 6 March 1996.
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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. Service members are eligible for the Armed Forces Expeditionary Medal for service in Operation Southern Watch for the period 1 December 1995 to 18 March 2003.
b. Service members who earned the Southwest Asia Service Medal and subsequently became eligible for the Armed Forces Expeditionary Medal for Operation Southern Watch may wear both awards, with the exception of those who became eligible for both awards during one tour in Southwest Asia. Service members who become eligible for both awards during their initial tour in Southwest Asia may elect to receive either the Southwest Asia Service Medal or the Armed Forces Expeditionary Medal but may not be issued both medals for the same period of service.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Southwest Asia during a qualifying period for award of the Armed Forces Expeditionary Medal and the Southwest Asia Service Medal. As he elects award of the Armed Forces
Expeditionary Medal in lieu of the Southwest Asia Service Medal, it would be appropriate to grant him the requested relief and correct his DD Form 214 accordingly.
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 amending his DD Form 214 by deleting the Southwest Asia Service Medal with 1 bronze service star and adding the Armed Forces Expeditionary Medal.
_______ _ 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) AR20140009239
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ABCMR Record of Proceedings (cont) AR20140009239
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