BOARD DATE:  3 September 2015

		DOCKET NUMBER:  AR20150001089 


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 he was awarded the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he was awarded the AFEM while deployed in Saudi Arabia on 3 August 1997.

3.  The applicant provides:

* Unit deployment orders
* AFEM Award Certificate
* Certificate of Participation
* Army Achievement Medal Certificate
* 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.  Following prior service in the New Jersey Army National Guard and the U. S. Army Reserve, the applicant enlisted in the Regular Army on 25 May 1995.  He held military occupational specialty 11B (Infantryman). 

3.  His DA Form 2-1 (Personnel Qualification Record) shows he was:

	a.  Awarded the National Defense Service Medal, Army Service Ribbon, Army Achievement Medal, Parachutist Badge, Humanitarian Service Medal, Army Reserve Components Overseas Training Ribbon, Armed Forces Expeditionary Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.

	b.  Assigned to Company B, 2nd Battalion, 325th Airborne Infantry Regiment (AIR), Fort Bragg, North Carolina, from 21 March 1996 to 25 October 1998.

4.  He was honorably released from active duty on 26 October 1998 as a specialist (SPC)/E-4.  He had completed 3 years, 5 months, and 2 days of active duty service.  His DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, Army Achievement Medal, National Defense Service Medal, Humanitarian Service Medal, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon, Expert Marksmanship Qualification Badge with Bayonet Bar, and the Parachutist Badge. 

	b.  Item 18 (Remarks) – Service in Southwest Asia from 23 April 1997 through 
14 August 1997.

5.  In support of his request he provides:

	a.  Orders showing Company B, 2nd Battalion, 325th Airborne Infantry Regiment was ordered to deploy to Saudi Arabia on or about 1 April 1997 for a period of 179 days.

	b.  An Army Central Command (ARCENT) certificate showing he was awarded the AFEM for service in Southwest Asia from 23 April to 
14 August 1997.

	c.  A Certificate of Participation for meritorious service while assigned to the ARCENT-SA Security Force as a member of the 2nd Battalion, 325th Airborne Infantry Regiment from 15 April to 20 August 1997.

	d.  A certificate showing he was awarded the  Army Achievement Medal on 25 July 1997 for meritorious achievement while assigned to Company B, 2nd Battalion, 325th Airborne Infantry Regiment during Operation Desert Falcon, Saudi Arabia, from 21 April to 20 August 1997.

6.  His records do not contain orders awarding him the Army Good Conduct Medal.  His records also do not contain a commander's disqualification memorandum or any derogatory information in the form of a suspension of favorable personnel action, record of lost time, court-martial conviction, or a record of nonjudicial punishment.  

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 shows he was awarded the AFEM, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.  He also provided a certificate showing he was awarded the AFEM. 

2.  He served honorably during the period 25 May 1995 through 24 May 1998.  His record is void of negative or derogatory information that would have disqualified him for his initial award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on his completion of qualifying service. 

3.  His DD Form 214 should be corrected to show the above awards.







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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 May 1995 through 24 May 1998; and

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.



      _________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)                                         AR20140002859



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