IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100014438 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal.

2.  The applicant states this medal was awarded for Operation Joint Endeavor and she should have received it. 

3.  The applicant provides a copy of her DD Form 214.

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 records show she was a member of the U.S. Army      Reserve (USAR) as an Individual Mobilization Augmentee.  She held area         of concentration (AOC) 25A (Signal Officer) and the rank/grade of captain (CPT)/O-3.  On 8 January 1996, she was mobilized in support of Operation Joint Endeavor.  Her records show she served in Germany with Headquarters (HQ), European Command (EUCOM), from on or about 11 January 1996 to 3 October 1996.

3.  She was honorably released from active duty on 3 October 1996.  Her DD Form 214 shows she completed 8 months and 26 days of net active service this period.  The DD Form 214 also shows in:

a.  Item 12f (Foreign Service), the entry 8 months and 26 days, and

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Lapel Button, Army Achievement Medal, Armed Forces Reserve Medal with "M" [mobilization] Device, Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Pistol Bar (9mm).

4.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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.  Qualifying service for this award includes participation in Operation Joint Endeavor and is only for participants deployed in Bosnia-Herzegovina and Croatia during the period 1 June 1992 through 20 June 1998.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's  records show she was mobilized from January to October 1996 in support of Operation Joint Endeavor and she served in Germany with HQ, EUCOM.

2.  The Armed Forces Expeditionary Medal is authorized for participation in Operation Joint Endeavor only for participants deployed to Bosnia-Herzegovina and Croatia during a qualifying period.  There is no evidence in the available 


records, and the applicant did not submit any evidence, that shows she served in the designated area in the direct support of the operation 30 consecutive days, or 60 nonconsecutive days.  Therefore, she does not meet the criteria for this award.

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)                                         AR20100014438



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ABCMR Record of Proceedings (cont)                                         AR20100014438



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