IN THE CASE OF:	

		BOARD DATE:	28 June 2011

		DOCKET NUMBER:  AR20100029875 


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) be corrected to show award of the Armed Forces Expeditionary Medal (AFEM) for service in Kuwait.

2.  The applicant states he was with his unit for the duration of the deployment that awarded them the AFEM.

3.  The applicant provides copies of his DD Form 214 and a DD Form 214 of another Soldier from his unit.

 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 28 June 1995.  He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He later reclassified into MOS 14T (Patriot Launching Station Enhanced Operator).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in 
item 9 (Awards, Decorations, and Campaigns) the National Defense Service Medal, Army Service Ribbon, Air Assault Badge, Army Good Conduct Medal (1st Award), Marksman Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.

4.  His DD Form 214 shows he was honorably discharged due to disability with severance pay on 27 September 1999 as a specialist/E-4.  He completed 4 years and 3 months of total active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, and Air Assault Badge.

5.  Item 12f (Foreign Service) of this DD Form 214 shows no foreign service.

6.  The Defense Finance and Accounting Service (DFAS) verified the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay for Saudi Arabia from 3 February 1998 through 9 June 1998. 

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the AFEM to 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  

DISCUSSION AND CONCLUSIONS:

While the evidence shows the applicant was deployed to Saudi Arabia, there is no evidence of record and the applicant provides insufficient evidence to show he was eligible for the AFEM because of qualifying service in Kuwait.  The applicant did not indicate what operation he was sent to Kuwait/Saudie Arabia for.


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.

      ____________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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20100029875



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