RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050004639


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to add the Armed Forces
Expeditionary Medal and adding his deployment to Hungary, Croatia, and
Bosnia.

2.  The applicant states, in effect, that he is qualified for the Armed
Forces Expeditionary Medal and his deployment to Hungary, Croatia, and
Bosnia is not recorded on his DD Form 214.

3.  The applicant provides a DD Form 214 with the period ending 17 January
1997; a DD Form 215 (Correction to DD Form 214, Report of Separation from
Active Duty); active duty Orders T-05-609858, dated 23 May 1996; Permanent
Orders 144-5, dated 23 May 1996; Active Duty Orders 150-55, dated 29 May
1996 with 4 endorsements dated 29 May 1996, 30 May 1996, 24 October 1996,
and 4 January 1997; 5 U.S. Army Europe Forward, Office of the Deputy Chief
of Staff for Intelligence (USAREUR FWD ODSCINT) memorandums dated 24 June
1996, 31 July 1996, 30 August 1996, 1 October 1996, 30 October 1996, and
   6 December 1996; a memorandum dated 8 November 1996; release from active
duty Orders 007-2207, dated 7 January 1997; 3 DA Forms 4187 (Personnel
Action) dated 16 July 1996; 7 August 1996; and 2 December 1996.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 17 January 1997.  The application submitted in this case is dated 24
March 2005.

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 limitations 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 enlisted in the U.S. Army Reserve on 14 January 1960.  He
was appointed as a Warrant Officer in the U.S. Army Reserve on 17 April
1977.  He served as an engineer equipment repair technician, maintenance
technician, and counterintelligence technician.  He was deployed to Germany
in support of Operation Joint Endeavor.  He arrived in Germany assigned to
Headquarters, V Corps on 25 May 1996.  He was reassigned to Headquarters,
U.S. Army Europe Forward (HQ USAREUR FWD), Hungary, on 24 June 1996.
4.  DA Form 4187, dated 18 August 1996 verifies that the applicant was
deployed to Bosnia and entitled to imminent danger pay.

5.  DA Form 4187, dated 2 December 1996 verifies that the applicant was
deployed to Croatia and entitled to imminent danger pay.

6.  The applicant departed Hungary on or about 16 January 1997.  On
         17 January 1997, he was honorably released from active duty and
transferred to the U.S. Army Reserve.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 with the ending
period 17 January 1997,  shows the entry "ARMED FORCES SERVICE MEDAL AND
AWARD FOR OPERATIONS RELATING FORMER REP YUGOSLOVIA//ARMED FORCES RESERVE
MEDAL WITH "M" DEVICE."  Item 18 (Remarks) shows the entry "SERVICE IN
GERMANY FROM 960526 TO 970116.”

8.  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.

9.  Army Regulation 635-5 (Separation Documents) states, for a reserve
Soldier ordered to active duty and deployed to a foreign country, enter the
following three statements in succession in item 18 (Remarks).  (1)
"ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC
(applicable section)."  (2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM
(inclusive dates for example, YYYYMMDD - YYYYMMDD)."  (3) "SOLDIER
COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-
SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant deployed to Germany and
served in Hungary, Bosnia, and Croatia for the period 26 May 1996 through
16 January 1997.  Therefore, his DD Form 214 should be amended to add
"Service in Germany, Hungary, Bosnia, and Croatia from 26 May 1996 through
16 January 1997" in item 18.

2.  The applicant met the eligibility criteria for award of Armed Forces
Expeditionary Medal.  This award should be added to his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 January 1997; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 16 January 2000.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

__JS____  __ LDS  _  __ KWL _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 amending his DD Form 214:

      a.  by deleting the entry "AND AWARD FOR OPERATIONS RELATING FORMER
REP YUGOSLAVIA" in item 13;

      b.  by deleting the entry "SERVICE IN GERMANY FROM 960526 TO 970116"
in item 18;


      c.  by adding the "ARMED FORCES EXPEDITIONARY MEDAL" in item 13; and

      d.  by adding "SERVICE IN GERMANY, HUNGARY, BOSNIA, AND CROATIA FROM
960526 TO 970116" in item 18.




                                  ____ John Slone ____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004639                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 October 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |120.0000.0000                           |
|2.                      |107.0072.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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