IN THE CASE OF: BOARD DATE: 13 January 2009 DOCKET NUMBER: AR20080009742 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 10 December 1987 be corrected to show all campaign and expedition credit for the period he served in the military. 2. The applicant states that he was stationed in Germany with the 549th Maintenance Company and his unit supported units that were deployed from the United States. He further states that he is not able to seek employment from the U.S. Postal Service until his DD Form 214 is corrected. In effect, he is trying to prove entitlements to a veterans' preference. 3. The applicant provides a two page U.S. Postal Service "Campaigns and Expedition Which Qualify For Veteran's Preference." 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 1 October 1985. He arrived in Germany with the 549th Maintenance Company, 6th Battalion, 3rd Air Defense Artillery on 12 January 1987. He departed Germany on 8 December 1987. 3. The applicant was discharged from active duty on 10 December 1987. 4. There are no orders in the applicant's military records that show he was deployed during his military service. 5. 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 of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involved entering the operations' area of eligibility or met certain other criteria. The designated military operations and dates of eligibility for award of the Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-22. 6. This regulation shows that during the applicant's period of service the Armed Forces Expeditionary Medal was authorized for participation in Operations Eldorado Canyon-Libya during the period 12 April 1986 through 17 April 1986, Lebanon during the period 1 June 1983 through 1 December 1987, and Earnest Will-Persian Gulf during the period 24 July 1987 through 1 August 1990. DISCUSSION AND CONCLUSIONS: 1. The applicant did not identify what campaign and expedition credit he believes he is entitled to. Therefore, it cannot be determined what campaign medals should be compared to his service. However, most campaign medals require the individual Soldier to have deployed during the campaign, not just that the Soldier supported other Soldiers who deployed during the campaign. 2. As regard to expedition credit, during the applicant's period of service the only authorized service award was the Armed Forces Expeditionary Medal. This medal was authorized for units that were deployed to Libya, Lebanon, or the Persian Gulf or in direct support of the operations. Evidence of record shows the applicant was assigned to the 549th Maintenance Company for the period January 1987 through December 1987. However, there is no evidence that shows the applicant was deployed during his military service or that his unit was in direct support of the operation of any of the above operations. Therefore, there is insufficient evidence to show he is eligible for award of the Armed Forces Expeditionary Medal. 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. XXX _______ _ _______ ___ 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) AR20080009742 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009742 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1