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Decision Text

ARMY | BCMR | CY2002 | 2002081175C070215
Original file (2002081175C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002081175


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. 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 and the Army Commendation Medal.

3. The applicant states, in effect, that his DD Form 214 does not reflect these awards. In support of his application, he submitted a copy of his DD Form 214, an award certificate for the North Atlantic Treaty Organization (NATO) Medal and a Certificate of Appreciation.

4. The applicant’s military records show that he enlisted in the Regular Army on 1 February 1996 for a period of three years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 63T (Bradley Fighting Vehicle Systems Mechanic). He served in Bosnia from 18 March 1997 through 10 October 1997. The applicant was honorably released from active duty on 31 January 1999 in the rank of specialist.

5. The applicant's DD Form 214 does not show the Armed Forces Expeditionary Medal or the Army Commendation Medal as authorized awards.

6. There are no orders in the applicant's service personnel records which show he was awarded the Armed Forces Expeditionary Medal.

7. His DD Form 214 shows entitlement to the Armed Forces Service Medal in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

8. The applicant provided a copy of an award certificate for the NATO Medal for service with NATO operations in relation to the former Yugoslavia during the period 30 March 1997 through 6 October 1997.

9. The applicant also provided a Certificate of Appreciation, dated 6 October 1997, for contributions in the former Republic of Yugoslavia during Operation Joint Guard.

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal, and there is no evidence that he was recommended for award of the Army Commendation Medal. His DA Form 2-1 (Personnel Qualification Record – Part II) does not list the Army Commendation Medal in item 9 (Awards, Decorations and Campaigns). The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

11. Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

12. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Armed Forces Expeditionary Medal to the applicant.

2. Records show he served in Bosnia from 18 March 1997 through 10 October 1997 in support of Operation Joint Guard.

3. The applicant's DD Form 214 shows entitlement to the Armed Forces Service Medal for his service in Bosnia.

4. Based on the Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999), the applicant is also entitled to award of the Armed Forces Expeditionary Medal for his service in support of Operation Joint Guard. Therefore, his DD Form 214 will be amended to show the Armed Forces Expeditionary Medal.

5. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, there is insufficient evidence upon which to base award of the Army Commendation Medal in this case.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.




RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Armed Forces Expeditionary Medal.

2. That so much of the application as it relates to award of the Army Commendation Medal be denied.

BOARD VOTE:

JNS_____ TL______ BPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON




INDEX

CASE ID AR2002081175
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030429
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0072
2. 107.0020
3.
4.
5.
6.


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