RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060000644


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show the award of
the Joint Service Achievement Medal (JSAM), Armed Forces Service Medal
(AFSM) and Armed Forces Expeditionary Medal (AFEM) for Operation Joint
Endeavor and Joint Guard.

2.  The applicant states that he was deployed with the 66th Military
Intelligence Group during the period 11 December 1995 through 12 December
1996, as part of Task Force Eagle Focus (Operation Joint Endeavor).  He
further states that he continued to support the mission as part of the
718th Military Intelligence Group during the period 20 December 1996
through 27 May 1997 in support of (Operation Joint Guard).  He continues
that these campaign medals were omitted from his DD Form 214 along with the
award of the JSAM which was awarded on 25 February 1999 after he had
separated from the service.  He concludes that he has become a Civil
Service employee and that his professional growth (competitive status for
jobs) is impeded by his DD Form 214 not accurately reflecting these awards.

3.  The applicant provides a copy his DD Form 214, two copies of Letters of
Appreciation from the National Security Agency (NSA), and a copy of the
JSAM certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 December 1998.  The application submitted in this case
is dated 3 January 2006.

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 DD Form 214 shows he enlisted on 27 April 1995.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 98K10 (Non-Morse
Interceptor/Analyst).  He was honorably released from active duty on
15 December 1998.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 does not show award
of the JSAM, AFEM, and AFSM.

5.  The applicant provided a copy of his certificate for the JSAM for
meritorious service from 20 December 1996 to 15 December 1998.  The
certificate is authenticated by the Director of the National Security
Agency and is dated 25 February 1999.

6.  The applicant provided two copies of letters of appreciation he
received from the National Security Agency in support of Task Force Eagle
(Operations Joint Endeavor and Joint Guard) for the periods 11 December
1995 through 12 December 1996 and 20 December 1996 through 27 May 1997.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides, in pertinent part:

      a.  The Armed Forces Expeditionary Medal (AFEM) is awarded 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 for friendly, foreign nations.  Qualifying service for this
award includes the requirements to:  be a bona fide member in a unit and to
be engaged in the operation, or serve in the area of operations for 30
days; be engaged in direct support of the operation for 30 consecutive or
60 nonconsecutive days, provided support involves entering the area of
operations; be engaged in combat; participate as a member of an aircraft
flying in support of the operation; or be recommended or attached to a unit
recommended for award of the medal if the above criteria have not been met.
 The designated military operations and dates of eligibility for this award
are specified in the regulation.  Operations Joint Endeavor and Joint Guard
are designated military operations.

      b.  The Joint Service Achievement Medal (JSAM) was authorized by the
Secretary of Defense on 3 August 1983.  It is awarded to members of the
Armed Forces of the United States below the grade of O-6 who, after 3
August 1983, distinguished themselves by meritorious achievement or
service.

8.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
(AFSM) 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 AFSM and AFEM, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Joint
Service Achievement Medal, and the Armed Forces Service Medal, and Armed
Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard.

2.  The evidence of record and the JSAM certificate provided by the
applicant clearly establishes that the applicant was serving with the
National Security Agency during the period 20 December 1996 through 15
December 1998 and that the NSA Director authenticated the certificate.  The
Joint Service Achievement Medal certificate is accepted as proof;
therefore, he is entitled to have his records corrected to show award of
the JSAM.

3.  Per conversation with the applicant on 25 August 2006, the applicant
stated that he was never actually deployed in the operational area for
Operations Joint Endeavor or Joint Guard.  He stated he provided support
from his duty station in Germany.  By regulation, he does not qualify for
award of the AFEM and/or the AFSM.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 December 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
14 December 2001.  Although the applicant did not file within the ABCMR's
statue of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__alr___  __lmb___  __qas___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the award of
the Joint Service Achievement Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the award of the Armed Forces Service Medal and the Armed Forces
Expeditionary Medal.



                                  Allen L. Raub
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000644                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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