IN THE CASE OF:	  

		BOARD DATE:	  15 OCTOBER 2015

		DOCKET NUMBER:  AR20150002841 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and Army Commendation Medal (ARCOM).

2.  The applicant states:

* his DD Form 214 is missing two medals
* he received the AFEM on 15 June 1998
* he received the ARCOM on 8 April 2000
* he discovered the error when he applied to buy in his military service time for his current employment with the New York Police Department
* he knew he had the AFEM when he was deployed to Kuwait
* his application to buy his military service time was denied due to lack of this medal

3.  The applicant provides:

* AFEM Certificate
* DA Form 638 (Recommendation for Award)

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 3 May 1996 for a period of 4 years.  He completed his training and was awarded military occupational specialty 14T (Patriot missile crewmember).

3.  The Defense Finance and Accounting Service confirmed he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Saudi Arabia from:

* 13 February 1998 to 19 June 1998
* 22 July 1999 to 13 December 1999

4.  He provided a certificate showing Headquarters, U.S. Army Forces Central-Saudi Arabia, awarded him the AFEM for service in Southwest Asia during the period 15 February-15 June 1998.

5.  Headquarters, 11th Air Defense Artillery Brigade, Permanent Orders 103-02, dated 12 April 2000, awarded him the ARCOM for meritorious service for the period 31 October 1997 to 2 May 2000.

6.  On 2 May 2000, he was honorably released from active duty.

7.  His DD Form 214 does not show the AFEM or ARCOM as authorized awards.

REFERENCES:

Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded 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 service in Southwest Asia from 1 December 1995 to 18 March 2003.


DISCUSSION:

1.  Defense Finance and Accounting Service records show the applicant served in Saudi Arabia from 13 February 1998 to 19 June 1998 and from 22 July 1999 to 13 December 1999.  Headquarters, U.S. Army Forces Central-Saudi Arabia, awarded him the Armed Forces Expeditionary Medal for service in Southwest Asia during the period 15 February-15 June 1998.  This award is not shown on his DD Form 214.

2.  Headquarters, 11th Air Defense Artillery Brigade, Permanent Orders 103-02 awarded him the Army Commendation Medal.  This award is not shown on his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                         AR20150002841



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20150002841



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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