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ARMY | BCMR | CY2005 | 20050002887C070206
Original file (20050002887C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:   AR20050002887


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      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 her records be corrected to show that she
served in Croatia and Macedonia in support of Operation Joint
Endeavor/Guard and that she be awarded the Armed Forces Expeditionary Medal
(AFEM) in lieu of the Armed Forces Service Medal (AFSM) she received.

2.  The applicant states, in effect, that she performed duties in Croatia
and Macedonia while participating in Operation Joint Endeavor/Guard.
However, her records only indicate her service in Hungary and do not
indicate that she went into those combat zones other than Hungary.  She
goes on to state that she received combat pay and performed hazardous
duties during her deployment and therefore she should have been awarded the
AFEM instead of the AFSM and desires that it be accomplished so that she
may receive veterans preference for her employment.  She further states
that she requested a copy of her Military Master Pay Account (MMPA) to show
that she received combat pay, which should be sufficient to establish her
entitlement.

3.  The applicant provides a copy of her report of separation (DD Form
214), a copy of her MMPA, a copy of her mobilization orders, an information
handout about Bosnia, and excerpts from the Office of Personnel Management
(OPM).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) in
Houston, Texas, on 21 February 1996, for a period of 8 years.  She
completed her training and was assigned to a USAR Transportation Company in
Houston, Texas, for duty as a traffic management coordinator.

2.  On 11 July 1997, orders were published which mobilized the applicant
with her unit effective 20 July 1997, in support of Operation Determined
Effort/Joint Endeavor for a period of 270 days.  Meanwhile, she was
advanced to the pay grade of E-4 on 13 July 1997.

3.  The applicant entered active duty on 17 July 1997 and was honorably
released from active duty (REAFRAD) on 15 March 1998, at Fort Benning,
Georgia, due to completion of required service.  Her DD Form 214 issued at
the time of her REFRAD indicates that she had served 7 months and 29 days
of active service of which 6 months and 20 days were served overseas.

4.  Her DD Form 214 also shows that she was awarded the AFSM, the Armed
Forces Reserve Medal with “M” Device, and the Army Service Ribbon.  In the
remarks section, it indicates that she was ordered to active duty in
support of Operation Joint Endeavor/Guard and that she served in Imminent
Danger Pay Area Hungary from 31 July 1997 to 20 February 1998.  She
authenticated the  DD Form 214 with her signature at the time of her
REFRAD.

5.  She was returned to her unit in Houston, where she remained until she
requested reassignment, for personal cogent reasons, to the USAR Control
Group (Annual Training) effective 26 February 1999.  She served in a
variety of USAR Control Groups until she was honorably discharged from the
USAR on 25 February 2004.

6.  A review of the MMPA provided by the applicant indicates that she had a
combat zone EIC (Earned Income Credit) of $1,912.77.

7.  The Department of Defense Financial Management Regulation (DODFMR)
Volume 7, in effect at the time, provides that Imminent Danger Pay was paid
at a rate of $150.00 per month.  Only 1 day of the month had to be served
in order to qualify for the entire monthly allowance.  The rate is
currently $225.00 per month.

8.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Armed Forces Expeditionary Medal for qualifying
service after 1 July 1958 in U.S. military operations, U.S. operations in
direct support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for 30 days, or to be engaged in direct
support of the operation for 30 consecutive or 60 nonconsecutive days
provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged in
actual combat with armed opposition regardless of the period of service, if
the individual participates as a member of an aircraft flying in support of
the operation, or if the individual is recommended (or attached to a unit
recommended) for award of the medal if the above criteria have not been
met.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has provided evidence to show that she served in
the imminent danger pay of Hungary, she has failed to show through the
evidence submitted or the evidence of record that she also served in
Croatia and Macedonia and that she is qualified to be awarded the AFEM.

2.  The MMPA provided by the applicant indicates that she had a $1,912.77
EIC, which indicates pay that was non-taxable.  It does not specify that it
was imminent danger pay as she suggests and she has not provided sufficient
evidence to establish her receipt of imminent danger pay.

3.  It is very possible given the operational tempo of the area at the time
that the applicant served in Croatia and Macedonia; however, without
verification from her unit at the time to establish where and when she
served at the time, it must be presumed that the information contained on
her DD Form 214, at the time she authenticated it was correct.
4.  Therefore, absent sufficient evidence to establish the dates and places
of her deployment, there appears to be no basis to grant her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__bpi___  __dws___  __eem___  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.




                 Bernard P. Ingold
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002887                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |118/AFEM                                |
|1.107.0072              |                                        |
|2.110.0000              |189/CORR 214                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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