IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150013410 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150013410 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. IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150013410 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 the Army Forces Expeditionary Medal (AFEM). 2. The applicant states his DD Form 214 preceded the authorization of the AFEM for service in the Persian Gulf War. 3. The applicant provides documents identified in a list attached to his application. 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 U.S. Army Reserve (USAR) on 1 September 1975. He entered active duty for training (ADT) 2 May 1976 and upon completion of training he was awarded military occupational specialty 63B (Wheel Vehicle Mechanic). 3. On 13 August 1976, the applicant was released from ADT and transferred to the USAR. The DD Form 214 issued to him at that time shows his completion of 3 months and 14 days creditable active duty service. It also shows he earned the Marksman Marksmanship Qualification Badge with Rifle Bar. 4. A DA Form 5016 (Chronological Statement of Retirement Points) shows he served in an active status in the USAR until he transferred to the Retired Reserve on 6 June 1999. There are no documents on file in the applicant’s record showing he was ever awarded or recommended for the award of the AFEM. 5. He provided two memoranda announcing his award of the AFEM for meritorious service in Turkey during Operation Display Determination (ODD) following Desert Storm during the period 14 September 1991 to 19 May 1992. He also provides a copy of page 1 of his DA Form 2-1 (Personnel Qualification Record) that includes two hand-written entries in the items shown: * Item 5 (Overseas Service) - he served in Corlu, Turkey, from 28 September 1990 to 19 October 1991 * Item 9 (Awards, Decorations, and Campaigns) – the AFEM among other awards 6. The original DA Form 2-1 included in his official military personnel file (OMPF) shows his completion of temporary duty in Turkey from 28 September to 19 October 1991. Item 9 does not include the AFEM among the awards shown. 7. The applicant provides a DD Form 214 covering the period 9 February 1990 to 2 October 1991. The form shows he was separated due to completion of ODD/Desert Storm. This document is not included in his OMPF. It lists the AFEM among his authorized awards. REFERENCES: 1. Army Regulation 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-1 states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-12 contains guidance on award of the AFEM and 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. Operation Display Determination is not an included among the list of qualifying operations necessary for award of the AFEM. Servicemembers must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations. ODD/Desert Storm is not listed among the operations for which the AFEM is authorized. DISCUSSION: The applicant provided a DD Form 214 showing he was authorized the AFEM. The basis for the entry on the DD Form 214 is unclear; however, there does not appear to be any need for a correction in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013410 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013410 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2