IN THE CASE OF: BOARD DATE: 18 November 2010 DOCKET NUMBER: AR20100013609 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 award of the Armed Forces Expeditionary Medal (AFEM) and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Officer Record Brief (ORB). 2. He states upon his resignation, he was unaware of the awarding of the AFEM due to service in Bosnia-Herzegovina from 11 September 1997 through 1 July 1998. MILPER (Military Personnel) Message 99-218 outlines this award and his ORB lists his deployment time was within the requirements. 3. He provides his: * ORB * Deployment orders * MILPER Message 99-218 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’s military records show he was commissioned in the Regular Army on 29 May 1993. His unit was assigned to the U.S. Army Forces Command on 11 September 1997. He served in Bosnia from 12 September 1997 through 9 July 1998. 3. MILPER Message 99-218, dated March 1999, authorized award of the AFEM for Operations in Bosnia and other designated areas during his deployment. 4. He was honorably discharged from active duty on 17 October 2002. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the AFEM. Item 18 (Remarks) of his DD Form 214 shows he served in "Southwest Asia" from 12 September 1997 through 9 July 1998. 5. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant participated in operations in a designated area of eligibility for award of the AFEM. Therefore, his DD Form 214 should be corrected to show this award. 2. The ORB was prepared and maintained for active Army officer personnel. As he no longer has a military status and his DD Form 214 is the document used to record the military history of a separated individual, to add entries to his ORB at this point would serve no useful purpose. 3. In view of the foregoing, his records should be corrected as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of the applicant's DD Form 214 the Armed Forces Expeditionary Medal and providing him a corrected DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to additions to his Officer Record Brief. _______ _ _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) AR20100013609 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100013609 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1