RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       7 February 2006
      DOCKET NUMBER:  AR20050005885


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. David R. Gallagher            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Armed Forces
Expeditionary Medal.

2.  The applicant states, in effect, that he believes he is entitled to
award of the Armed Forces Expeditionary Medal for serving overseas during
the time of conflict or action.  He states that his DD Form 214,
Certificate of Release or Discharge from Active Duty, does not reflect that
he earned the Armed Forces Expeditionary Medal.

3.  The applicant provides a variety of documents, many of which are on
file in his service personnel records in support of his application.
Among the documents the applicant submitted are copies of his DD Form
214, a self-authored letter to the Board summarizing his service and
which provides his assessment of his entitlement to the Armed Forces
Expeditionary Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 13 September 1982, the date he was released from active
duty.  The application submitted in this case is dated 4 April 2005.

2.  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
allows the Army Board for Correction of Military Records (ABCMR) to
excuse failure to file within the 3-year statute of limitations if the
ABCMR determines that it would be in the interest of justice to do so.
In this case, the ABCMR will conduct a review of the merits of the case
to determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant enlisted in the US Army Reserve on 10 May 1979 and was
discharged on 13 September 1979 for the purpose of enlisting in the Regular
Army.  He enlisted in the Regular Army for 3 years on 14 September 1979.
Following completion of basic combat training at Fort Dix, New Jersey, he
completed advanced individual training at Aberdeen Proving Ground,
Maryland.  He was awarded the primary military occupational specialty
(MOS), 63Y, Track Vehicle Mechanic.
4.  The applicant was assigned to the 20th Infantry Battalion, Fort
Clayton, Panama, as a first duty station.  He arrived in Panama on 26
February 1980 and completed a 24-month overseas tour of duty there on 23
February 1982.  On completion of his overseas tour, the applicant was
assigned to Fort Hood, Texas, to complete his service obligation.

5.  The applicant was honorably released from active duty under the
provisions of Army Regulation (AR) 635-200, Chapter 2, in the rank and pay
grade of Specialist Four, E-4, at the completion of required service.  On
the date he was released from active duty, the applicant had completed 3
years active military service, with no lost time.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded the Army Service Ribbon and the Overseas Service Ribbon.  The Armed
Forces Expeditionary Medal is not shown on the DD Form 214.

7.  In the applicant's self authored letter to the Board, he indicates he
visited the Veterans of Foreign Wars (VFW) web page, and based on a
recent congressional change, he is, "entitled to the Armed Forces
Expeditionary Medal because I 'served our nation overseas in the United
States Armed Forces at a time of foreign conflict or action.'"

8.  The applicant included a listing of countries in which conflict or
action was occurring at the time of his service.  The listing included:  El
Salvador - 1 January 1981 through 1992 // Lebanon - 1 June 1983 through 1
December 1987 // and Grenada - 23 October 1983 through 21 November 1983.

9.  In the summarization of his service, in the self-authored letter, the
applicant did not include any indication he served in any of the countries
in the paragraph above in which conflict or action took place at the time
of his active duty service.

10.  AR 600-8-22 (Military Awards), provides, in pertinent part, that the
Armed Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time period
(emphasis added).

11.  Total Army Personnel Command message 191510Z March 1996 authorized
award of the Armed Forces Expeditionary Medal for service in El Salvador.
The period authorized for award of the Armed Forces Expeditionary Medal was
from
1 January 1981 to 1 February 1992.  Qualifying service in accordance with
this message specified that a Soldier must be a bona fide member of a unit
engaged in the operation or meet one or more of the following criteria:  a)
 Be engaged in direct support for 30 consecutive days in the area of
operations (emphasis added), b) Be engaged in actual combat, or duty which
is equally hazardous as combat, during the operation with armed opposition
regardless of time in the area; or c)  Participate as a regularly assigned
crew member of an aircraft flying into, out of, or over the area in support
of the military operation.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Armed Forces Expeditionary Medal 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 the
requirements to be a bona fide member in a unit and to be engaged in the
operation, or serve in the area of operations, or be engaged in direct
support of the operation provided this support involves entering the area
of operations (emphasis added), being engaged in combat, participation as a
member of an aircraft flying in support of the operation, or being
recommended or attached to a unit recommended for award of the medal if the
above criteria have not been met.  The designated military operations and
dates of eligibility for award of the Armed Forces Expeditionary Medal are
specified in Army Regulation 600-8-22.  This regulation shows that the
Armed Forces Expeditionary Medal was authorized for participation in
Operation Urgent Fury in Grenada during the period 23 October 1983 to 21
November 1983.  Qualifying service for non-unit direct support personnel in
Grenada is 6 consecutive days or 12 non-consecutive days.

13.  AR 600-8-22 also provides for award of the Armed Forces Expeditionary
Medal to Soldiers who participate in a designated United States operation
of assistance to a friendly foreign nation.  Included among the nations so
specified in this regulation is Lebanon for the time period 1 June 1983
through 1 December 1987.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served in Panama throughout the
period of his overseas service.  It appears once he arrived in Panama, he
did not leave Panama until his tour of duty was complete.

2.  Review of those documents the applicant provided and those on file in
his service personnel records did not include any document that would
indicate he
served in either Lebanon, Grenada, or El Salvador; that he was engaged in
direct support of an operation in these countries, and entered the area of
operations; was engaged in combat in one of these countries; or
participated as a member of an aircraft flying in support of an operation
in one of these countries.

3.  There is no evidence, and the applicant provided none, to show he was
recommended for or attached to a unit recommended for award of the medal if
the criteria in the paragraph above were not met.

4.  The evidence does not support the applicant's contention that he is
entitled to award of the Armed Forces Expeditionary Medal based on his
overseas service at a time there was foreign conflict or action.
Therefore, he is ineligible for award of the Armed Forces Expeditionary
Medal and to have it added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 13 September 1982; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 12 September 1985.  The applicant did not file
within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_KLW___  __cd  ___  _DRG___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's
failure to timely file this application within the 3-year statute of
limitations prescribed by law.  Therefore, there is insufficient basis to
waive the statute of limitations for timely filing or for correction of the
records of the individual concerned.




                                  ____Kenneth L. Wright______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005885                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   118                |107.0072                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]