DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

              
Docket No: 4780-18                                                      
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref: (a) 10 U.S.C. §1552 

Encl:(1) DD Form 149 
     (2) Transmittal of entitlement to Awards of 3 Feb 18 
     (3) NDBDM Advisory Opinion of 25 Jan 19 


1.Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy filed enclosure (1) with this Board requesting that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show he was awarded the Navy Expeditionary Medal (NEM) while serving onboard the   during the Libyan Expedition. 

2.The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 June 2019, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the relevant portions of Petitioner’s naval records, applicable statutes, regulations, policies, and enclosures, one of which being an advisory opinion (AO) provided by the Navy Department Board of Decorations and Medals. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:
     a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

     b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.

     c. Enclosure (2), is a copy of Petitioner’s verification of awards by the National Personnel Records Center (NPRC).  NPRC only verified the Navy and Marine Corps Achievement Medal with two bronze stars, Navy Unit Commendation, Navy Good Conduct Medal with two bronze stars, National Defense Service Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon, Navy Sharpshooter Rifle Ribbon, and Navy Sharpshooter Pistol Ribbon.
     
     d. Petitioner believes the award period was not fully established and therefore not awarded at the time of his discharge.

     e. Enclosure (3), states, in part, that Petitioner is entitled to the Armed Forces Expeditionary Medal (AFEM), but not entitled to the NEM.  The periods for the NEM and the AFEM overlap.  The AFEM and NEM are like and mutually exclusive awards, and historically have not been awarded for the same period.  The AFEM is appropriate when the operation involves members of multiple Military Departments.  The NEM is appropriate when the operation involves only Navy and Marine Corps personnel.  Based on Navy directives, servicemembers must irrevocably “elect” either the NEM or the AFEM but cannot be authorized both.  Because Petitioner’s record does not show another period causing entitlement to the AFEM, the AFEM was determined to be elected for the Libyan Expedition.  It was recommended that Petitioner’s record be corrected to reflect the awards listed in paragraph 2 of the AO. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of enclosures 
(2) and (3), the Board concludes that Petitioner’s request warrants partial relief. 

The Board concurred with the AO in that the Petitioner is entitled to the AFEM, but not entitled to the NEM.  Additionally, he is entitled to the U.S. Coast Guard Special Operations Service Ribbon (addition to enclosure (2)).

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 

Petitioner’s naval record be corrected to show that he received the U.S. Coast Guard Special Operations Service Ribbon in addition to enclosure (2). 

Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect the correction above. 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. No further relief be granted. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 10 April 2018. 

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5.  
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.