RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060001635


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 award of the Armed Forces Service Medal (AFSM).

2.  The applicant states he was assigned to Operation Provide Promise from
September 1993 to March 1994.  He states that he retired in 1995 and the
award was issued in 1996.

3.  The applicant provides a copy of his Officer Evaluation Report for the
period ending 15 March 1994; information regarding the AFSM; and his award
certificate and citation for the Joint Service Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 31 October 1995.  The application submitted in this case is dated 1
December 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 was appointed as a commissioned officer in the U.S. Army
Reserve on 23 December 1977 with a concurrent call to active duty.

4.  The applicant’s Officer Evaluation Report for the period ending 15
March 1994 shows his principal duty title as ground operations and plans
officer.  This report shows he was responsible for joint planning
associated with Joint Task Force Provide Promise.

5.  The applicant’s citation for the Joint Service Commendation Medal
states he distinguished himself by exceptionally meritorious service as a
Ground Operations and Plans Officer and Crisis Action Watch Officer,
Headquarters, Joint Task Force Provide Promise from 24 September 1993 to 15
March 1994.  The certificate also states the applicant monitored and
briefed all daily operations of Task Force Able Sentry, the United States
forces deployed to the former Yugoslav Republic of Macedonia, and the
status of all United Nations Protection Force supply convoys in Bosnia-
Herzegovina.
6.  The applicant was retired from active duty on 31 October 1995 and was
placed on the retired list on the following date.  His DD Form 214 does not
show entitlement to the AFSM.

7.  Military Personnel Message Number 96-098 (with a Date/Time Group of
081615Z March 1996) published implementing instructions for award of the
AFSM for operations relating the Former Republic of Yugoslavia (FRY)
beginning 1 June 1992 through a date to be determined.  This message
specified criteria for the award of the AFSM as follows:  a) service
members of the armed forces must have participated, or had participated, as
members of the U.S. military units, in a U.S. military operation that was
deemed to be a significant activity and encountered no foreign armed
opposition or imminent threat of hostile action; and b) service members
must have been bona fide members of a unit participating for one or more
days in the operation within the designation area of eligibility (AOE), or
engaged in direct support for 30 consecutive days in the AOE for
60 nonconsecutive days provided this support involved entering the AOE.
The AFSM for operations relating to FRY was awarded to U.S. military forces
deployed in, or indirect support of, operations Provide Promise, Joint
Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard
within the total land area and air space of the FRY.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a period of
qualifying service for award of the AFSM and correction of his DD Form 214
to show this award.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1998.  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:

PS______  LD______  RG______  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 AFSM.




                            Paul Smith____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001635                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0134                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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