IN THE CASE OF: BOARD DATE: 8 May 2012 DOCKET NUMBER: AR20110021540 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 records to show award of the Global War on Terrorism Civilian Service Medal and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show the Armed Forces Expeditionary Medal (AFEM). 2. He states his unit was stationed at Ali Al Salam Air Base, Kuwait after the start date of availability for the AFEM. The 507th Air Ambulance was deployed to Kuwait as part of the multi-national Operation Intrinsic Action. The service center that processed his discharge was unaware of the authorization of the award. 3. He provides his DD Form 214 and DD Form 215 (Correction to 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. He requests award of the Global War on Terrorism Civilian Service Medal. The ABCMR considers only requests pertaining to the correction of military records. Therefore, this portion of his request will not be discussed further in these proceedings. 3. His military records show he enlisted in the Regular Army on 9 September 1981. The highest rank/grade he held was staff sergeant/E-6. 4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Kuwait during the period 22 August 1994 through 3 December 1994. 5. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period April 1994 through March 1995 indicates he served in Kuwait for a portion of the rating period. 6. He was voluntarily retired for sufficient length of service for retirement on 30 September 2001. 7. His DD Form 214 as corrected by a DD Form 215 shows the Southwest Asia Service Medal “(2nd Award).” These forms do not show the AFEM. 8. Army Regulation 600-8-22 (Military Awards) states the AFEM 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. a. The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. b. Southwest Asia operations authorized the AFEM are: * Operation SOUTHERN WATCH 1 December 1995 to 18 March 2003 * Maritime Intercept Operation 1 December 1995 to 18 March 2003 * Vigilant Sentinel 1 December 1995 to 15 February 1997 * Operation NORTHERN WATCH 1 January 1997 to 18 March 2003 * Operation DESERT THUNDER 11 November to 22 December 1998 * Operation DESERT FOX 16 to 22 December 1998 * Operation DESERT SPRING 31 December 1998 to 18 March 2003 9. Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. DISCUSSION AND CONCLUSIONS: Based on available evidence it appears he was awarded the Southwest Asia Service Medal for his service in Kuwait during the period 22 August 1994 through 3 December 1994. There is no available evidence he served during a qualifying period in Kuwait for entitlement to the AFEM. Therefore, there is an insufficient basis for adding the AFEM to his DD Form 214. 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) AR20110021540 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021540 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1