IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20090015747 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). 2. The applicant states he was stationed in Bosnia in 1996 and 1997 for more than 60 consecutive days as part of the IFOR (Implementation Force) and SFOR (Stabilization Force). 3. The applicant provides a DD Form 214 in support of this 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 Regular Army (RA) on 7 January 1994 and upon completion of required training was awarded military occupational specialty (MOS) 91K (Medical Laboratory Specialist). On 1 October 1998, the applicant was awarded MOS 92Y (Unit Supply Specialist). 3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show his service in Bosnia. 4. The applicant was honorably released from active on 6 January 2000. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that during his active duty tenure, he earned the Army Lapel Button, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar. Item 18 (Remarks) does not make reference to any deployment during his tenure of service. 5. There is no evidence in the applicant's available records that show he was deployed to Bosnia in support of the IFOR or SFOR. 6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-12 contains guidance on award of the AFEM. It states, in pertinent part, that it is authorized for members in support of U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations in designated areas of operations. The AFEM was authorized for service in the Former Republic of Yugoslavia Operations Joint Endeavor and Joint Guard form 1 June 1992 to 20 June 1998 (only for participants deployed in Bosnia-Herzegovina, and Croatia) and the Former Republic of Yugoslavia Operation Joint Forge from 21 June 1998 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant's available records is void of any documentation indicating that he served in Bosnia and he failed to provide any evidence indicating that he served in a designated operation during a specified period of authorization for the AFEM. 2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. As a result, there is no basis for granting the applicant's requested relief. 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) AR20090015747 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015747 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1