IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009184 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 a “Battle Expeditionary Campaign/Medal.” He also requests his discharge be changed to uncharacterized. 2. The applicant states he believes an Expeditionary Battle Campaign/Medal is not listed on his DD Form 214. He cannot buy back his military time from the New York Police Department. His Enlisted Record Brief shows the entry "E3 Battle Expeditionary Campaign." 3. The applicant provides his DD Form 214 and a copy of an Enlisted Record Brief. 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 for a period of 4 years on 14 October 1997. He held military occupational specialty (MOS) 92A (Automated Logistics Specialist). Following completion of MOS and Airborne training, he served at Fort Bragg, NC with the 82nd Signal Battalion. 3. He was honorably released from active duty on 13 October 2001 upon completion of his required active service, in accordance with chapter 4 of Army Regulation (AR) 635-200 (Personnel Separations). His DD Form 214 shows he completed 4 years of active service. It also shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (2nd Award), Army Good Conduct Medal, Parachutist Badge, and Driver and Mechanic Badge with Driver-W Bar * Item 24 (Character of Service), Honorable * Item 25 (Separation Authority), AR 635-200, chapter 4 * Item 28 (Narrative Reason for Separation), Completion of Required Service 4. He enlisted in the U.S. Army Reserve on 8 November 2001. He remained an active participant with his Reserve unit and he was ultimately honorably discharged from the USAR on 28 August 2005. 5. There is no evidence he served overseas or deployed to a hostile fire area. 6. He provides a copy of an Enlisted Record Brief, dated 11 July 2001. This form shows a blank entry under Section E (3) (Awards and Decorations-Battle Expedition, Campaigns). 7. The Enlisted Record Brief is divided into 5 sections, Sections A through F. Under each section, there are several entries further broken down by number. * Section A, Qualification Data * Section B, Security Data * Section C, Assignment Information * Section D, Overseas Service, * Section E, Awards and Decorations; Sub-section 1 (Award Category/Award Granted), Sub-section 2 (Marksmanship Badges), Sub-section 3 (Battles, Expeditions, and Campaigns), and Sub-section 4 (Date Eligible for the Good Conduct Medal) * Section F (Military Education) 8. The Armed Forces Expeditionary Medal is authorized for 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 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. Multiple locations qualify for this award. 9. Army Regulation 635-200 provides for the separation of enlisted personnel. a. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. For Regular Army Soldiers, the characterization of service will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted for 4 years and he successfully completed 4 years of active service. He was honorably released from active duty by reason of having completed his required active service. He was not separated while in an entry level status. His separation was properly characterized as honorable and there is no reason to change it. 2. The Enlisted Record Brief provided does not list any battles, expeditions, or campaigns under Section E (3). There is no evidence that the applicant served overseas or in any hostile fire area that would have qualified him for the Armed Forces Expeditionary Medal or campaign participation credit for any campaigns. 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) AR20150009184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009184 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1