RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 APRIL 2004
DOCKET NUMBER: AR2003095503
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 |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Thomas D. Howard | |Chairperson |
| |Ms. Jennifer L. Prater | |Member |
| |Mr. Lawrence Foster | |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).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his 30 June 1996 DD Form 214 (Certificate
of Release or Discharge from Active Duty) be corrected to show award of the
Armed Forces Expeditionary Medal (AFEM), and service as an artillery
officer, specialty 13E.
2. The applicant states that he participated in Operation Joint Endeavor.
The AFEM was awarded to personnel who participated in that operation after
he retired. He served 20 months in a 13E artillery position.
3. The applicant provides a copy of his DD Form 214, a copy of his officer
record brief (ORB), a copy of assignment orders directing his deployment in
and around the former Yugoslavia (Joint Endeavor), and a copy of a Leave
and Earning Statement (LES) showing that he received hostile fire pay in a
combat zone from 1 December 1995 through 29 February 1996.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error or injustice which
occurred on 30 June 1996. The application submitted in this case is dated
4 August 2003.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant is a retired lieutenant colonel who participated in
Operation Joint Endeavor from December 1995 through February 1996, as
indicated by the orders and LES he submits with his request. His ORB shows
that he served as a [artillery] battery commander in Bamberg, Germany from
February 1983 through October 1984, a period of 20 months. The applicant's
officer evaluation reports substantiate these assignments.
4. MILPER Message Number 99-100 indicates that the AFEM was authorized to
service members who participated in Operation Joint Endeavor from 1 June
1992 to 19 December 1996.
5. Army Regulation 635-5 provides for the preparation of the DD Form 214
and states that a commissioned officer's specialty skill identifier (two
digits and one letter), title, years, and months, will be entered in item
11 of that form.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to award of the AFEM. His records should
reflect that award.
2. The applicant served 20 months as an artillery officer, specialty 13E.
His record should so reflect. Consequently, the period of time that he
performed as a communications-electronics operations officer, 19 years and
8 months, as shown on that form should reflect a corresponding reduction of
20 months, to 18 years.
BOARD VOTE:
__TDH __ __JLP___ __LF ___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the AFEM, and by
showing service as a communications-electronics (C-E) operations officer as
18 years, and service as a 13E artillery officer, as 1 year, 8 months.
___Thomas D. Howard______
CHAIRPERSON
INDEX
|CASE ID |AR2003095503 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040420 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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