RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050005453


      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, award of the Army Commendation Medal
and Armed Forces Expeditionary Medal.

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

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 March 1997; the date of his release from active duty.  The application
submitted in this case is dated 29 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 enlisted and
entered active duty in the U.S. Army on 6 October 1992.  Upon completion of
basic combat training and advanced individual training, the applicant was
awarded military occupational specialty (MOS) 12C (Bridge Crewmember).  He
was honorably separated from active duty on 5 March 1997 after serving a
total of
4 years and 5 months.

4.  The applicant's military personnel record contains a DA Form 2-1
(Personnel Qualification Record).  Item 9 (Awards, Decorations, and
Campaigns) of this document shows that he was awarded Army Service Ribbon,
National Defense Service Medal, North Atlantic Treaty Organization (NATO)
Medal, Overseas Service Ribbon, Good Conduct Medal, Driver and Mechanic
Badge with Driver - W Bar, German Sports Badge, and 2 awards of the Army
Achievement Medal.


5.  The applicant's DD Form 214 (Certificate of Release or Discharge from
Active Duty), with an effective date of 5 March 1997, shows in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the Armed Forces Service Medal (for Service
in the former Republic of Yugoslavia), Army Achievement Medal (2nd Award),
Army Good Conduct Medal, National Defense Service Medal, Army Service
Ribbon, Overseas Service Ribbon, NATO Medal, Driver and Mechanic Badge with
Driver - W Bar, Army Lapel Button, and German Sports Badge.

6.  The applicant's military service records do not contain any orders or
evidence that he was awarded the Army Commendation Medal.  Therefore, the
applicant's request for award of the Army Commendation Medal is governed by
Title 10, United States Code, Section 1130.  Since the applicant has not
exhausted his administrative remedy, the ABCMR cannot take any further
action at this time on his request for award of the Army Commendation
Medal.  However, the applicant has been advised by separate correspondence
of the procedures for requesting award of the Army Commendation Medal under
the provisions of Section 1130.  As a result, the request for award of the
Army Commendation Medal is not discussed further in this Record of
Proceedings.

7.  The applicant's records contain a copy of a NATO Medal Certificate,
signed by the Secretary General of the NATO, which shows that he was
awarded the NATO Medal for service with NATO on operations in relation to
the former Republic of Yugoslavia during the period 13 December 1995 to 12
March 1996.

8.  The 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 messages, 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; and be under direct NATO command or operational control, as outlined
in the promulgating message.



9.  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.

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.

11.  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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected to show award of the Armed Forces Expeditionary Medal based upon
his service in Bosnia-Herzegovina and Croatia.

2.  The evidence of record shows that the applicant was awarded the NATO
Medal for service with NATO in support of operations in relation to the
former Republic of Yugoslavia.  The evidence of record also shows that the
applicant was awarded the Armed Forces Service Medal for service in the
former Republic of Yugoslavia.  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 Expeditionary Medal.  Therefore, it would be appropriate
to correct his records to show this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1997; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 March 2000.  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.




                            ___SHIRLEY L. POWELL__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005453                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19970305                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0072.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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