RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050005441


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, in effect, correction of his discharge document
to show award of the Armed Forces Expeditionary Medal.

2.  The applicant states, in effect, that his discharge document should be
corrected to show award of the Armed Forces Expeditionary Medal for his
service in Bosnia.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 14
February 1998.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 February 1998; the date of his discharge from the U.S. Army.
 The application submitted in this case is dated 30 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's military personnel record shows that he initially
enlisted in the U.S. Army on 9 October 1986.  Upon completion of basic
combat training and advanced individual training (AIT), the applicant was
awarded military occupational specialty (MOS) 62E (Heavy Equipment
Construction Equipment Operator).  He was honorably separated on 13 July
1990 after serving on active duty a total of 3 years, 9 months, and 5 days.


4.  The applicant's military personnel record also shows that he reentered
the U.S. Army in an enlisted status on 15 February 1994 and upon completion
of AIT the applicant was awarded MOS 91B (Medical Specialist).  He served
for 4 years on active duty and was honorably discharged from the U.S. Army
on 14 February 1998 after serving on active duty a total of 7 years, 9
months, and 5 days.

5.  The applicant's DD Form 214, with an effective date of 14 February
1998, shows in Item 18 (Remarks), in pertinent part, the entry "SERVICE IN
BOSNIA DOC ON DATES REQUIRED".  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized), of the applicant's
DD Form 214 shows he was awarded the Army Commendation Medal (3rd Award),
Army Achievement Medal (4th Award), Army Good Conduct Medal (2nd Award),
National Defense Service Medal, Army Service Ribbon, Overseas Service
Ribbon (2nd Award), and Expert Marksmanship Qualification Badge with Rifle
and Grenade Bars.

6.  The applicant's military personnel record contains a copy of
Headquarters,
1st Brigade, 1st Armored Division (Germany) orders, dated 20 December 1995,
which reference Operations Order 95-425 (Iron Endeavor).  This document
shows that the applicant was ordered to deploy with his unit, the 4th
Battalion, 67th Armor, on or about 15 January 1996, to Bosnia-Herzegovina
in support of the 1st Brigade, 1st Armored Division and Operation Joint
Endeavor, for a period not to exceed 364 days.

7.  The applicant's records contain a copy of a DA Form 638 (Recommendation
for Award), dated 23 April 1996, which shows the applicant was awarded the
Army Commendation Medal for outstanding service for the period 24 May 1994
to 31 May 1996, per Headquarters, 2nd Brigade, 1st Infantry Division,
Permanent Order Number 164-03, dated 20 June 1996.  This document also
shows, in pertinent part, that during a portion of this period the
applicant served as a Senior Line Medic in support of Operation Joint
Endeavor.

8.  The applicant's military personnel records are absent any orders
showing his redeployment from Bosnia-Herzegovina.

9.  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.  Headquarters, U.S. Army
Human Resources Command message, date-time group 121605Z March 1999,
announced, in pertinent part, the Secretary of the Defense's approval of
the Armed Forces Expeditionary Medal for Operation Joint Endeavor from 1
June 1992 to 19 December 1996, for those who were deployed in the countries
of Bosnia-Herzegovina and Croatia; aboard U.S. Naval vessels operating in
the Adriatic Sea; and their respective air spaces.  This document also
shows that to qualify for the Armed Forces Expeditionary Medal for
Operation Joint Endeavor the Soldier must be a bona fide member of a unit
participating for 1 or more days in the operation within the designated
area of operations.

10.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  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 (2) 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.

12.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia,
Message Number 99-100, date-time group 121605Z March 1999, announced the
Secretary of Defense's approval 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 and Croatia.  This exception allowed both service medals to be
presented to personnel deployed in Bosnia-Herzegovina and Croatia, 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).

13.  As a matter of information, the North Atlantic Treaty Organization
(NATO) Medal was authorized by the Secretary General of the NATO for
specific NATO operations.  The Secretary of Defense may approve acceptance
and wear by United States service members who meet the criteria specified
by the Secretary General of NATO.  Acceptance of the NATO Medal has been
approved for U.S. military personnel who serve under NATO command or
operational control in direct support of NATO operations in the former
Republic of Yugoslavia from
1 July 1992 through a date to be determined.  Headquarters, U.S. Army Human
Resources Command message, date-time group 231536Z January 1996 and 091615Z
July 1996, announced the eligibility criteria for award of the NATO Medal
to service personnel for operations in the former Republic of Yugoslavia as
30 days in the territory and airspace of the former Republic of Yugoslavia
and Adriatic Sea, or 90 days in the area of operations outside the former
Republic of Yugoslavia and Adriatic Sea; be under direct NATO command or
operational control, as outlined in the promulgating message; and provided
procedures for obtaining medals for qualified U.S. military personnel.  For
additional details, the applicant may review these messages on the Internet
at:  https://www.hrc.army.mil/site/active/TAGD/awards/awdmsg.htm

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show award of the Armed Forces Expeditionary Medal based
upon his service in Bosnia in support of Operation Joint Endeavor.  The
applicant provides a copy of his DD Form 214 in support of his application,
which shows that he served in Bosnia, but the document is absent
information concerning the actual period of his service.

2.  The evidence of record shows that the applicant deployed with his unit
to Bosnia-Herzegovina in support of the 1st Brigade, 1st Armored Division,
during Operation Joint Endeavor in January 1996 and participated in the
operation for at least 1 day.  Therefore, he is entitled to award of the
Armed Forces Expeditionary Medal and correction of his records to show this
award.

3.  In view of the foregoing, and based upon the Secretary of Defense's
approval of a one-time exception to Department of Defense and Service
policies, the applicant is also entitled to award of the Armed Forces
Service Medal.  Therefore, it would be appropriate to correct his records
to show this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 February 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
13 February 2001.  The applicant did not file within the 3-year statute of
limitations; however, based upon the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__SLP __  __CAD __  __KSJ __  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 showing award of the Armed Forces
Expeditionary Medal and Armed Forces Service Medal.




                            ___SHIRLEY L. POWELL___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005441                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19980214                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0072.0000                           |
|2.                      |107.000.000                             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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