IN THE CASE OF: 

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130016047 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is authorized the Armed Forces Expeditionary Medal.

2.  The applicant states he was called to serve and he reported to duty.  He states his DD Form 214 states he served in support of Operation Desert Storm.

3.  The applicant provides no additional evidence.

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.  With prior enlisted service in the Regular Army, the applicant enlisted in the Army National Guard on 7 March 1990.  He was ordered to active duty in support of Operation Desert Storm on 31 January 1991.  He was released from active duty on 16 March 1991.

3.  His DD Form 214 shows he was awarded the Army Service Ribbon and the National Defense Service Medal.

4.  A review of the available records failed to reveal that the applicant served overseas in support of Operation Desert Shield/Desert Storm.  There is no evidence showing he served a qualifying tour of duty that would have authorized the Armed Forces Expeditionary Medal.

5.  A review of the Gulf War roster failed to show the applicant's name.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  There is no evidence in the available record, nor has the applicant provided any evidence, showing he is authorized the Armed Forces Expeditionary Medal.

3.  According to the applicable regulation, the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  He does not meet the criteria for award of the Armed Forces Expeditionary Medal.

4.  In view of the foregoing, the applicant's request should be denied.


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)                                         AR20130016047



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ABCMR Record of Proceedings (cont)                                         AR20130016047



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