RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070004784 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Larry C. Bergquist

Chairperson

Ms. Marla J. N. Troup

Member

Ms. Ernestine I. Fields

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 his records corrected to show all medals, decorations, badges, and campaign ribbons he earned for his service in Bosnia during the period March 1999 through September 1999.

2.  The applicant states that he was released from the Army in a speedy manner. 

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 16 September 1997 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 55B (Ammunition Specialist).  The highest rank he attained while on active duty was private first class/pay grade E-3.

3.  On 15 March 2000, the applicant's immediate commander initiated separation action against the applicant in accordance with paragraph 14-12b of Army Regulation 635-200 (Personnel Separation) for a pattern of misconduct.  The applicant had previously accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) in August 1998 and March 1999.

4.  On 4 April 2000, the separation authority approved the applicant’s separation with a general discharge.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) the applicant was issued confirms he was discharged on 9 May 2000 and his characterization of service was under honorable conditions.  This form further confirms that he completed a total of 2 years, 7 months, and 24 days of creditable active military service.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows an entry of 0 years, 0 months, and 0 days.  

6.  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 Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 

7.  Item 18 (Remarks) of the applicant's DD Form 214 does not show that he served in Bosnia.

8.  The applicant's DA Form 2-1 (Personnel Qualification Record) does not show any foreign service or that he served in Bosnia.

9.  An electronic mail (email) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 22 August 2007, confirms that the applicant received Hazardous Fire Pay/Imminent Danger Pay (HFP/IDP) during the period 1 March 1999 through 30 September 1999. 

10.  The applicant's records show that he was assigned to A Company, 15th Forward Support Battalion, 1st Cavalry Division, Fort Hood, Texas, during the period he received HFP/IDP pay. 

11.  The official 1st Cavalry Division's web site confirms that the 15th Forward Support Battalion was deployed to Bosnia during the period indicated by the applicant.

12.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-12 contains guidance on award of the Armed Forces Expeditionary Medal.  It provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The Armed Forces Expeditionary Medal is authorized for service in the Former Republic of Yugoslavia in support of Operation Joint Forge for the period 21 June 1998 to a date to be determined.   The military service of the service member on whom qualification for the award of the Armed Forces Expeditionary Medal is based will have been honorable.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to awards and campaign ribbons for his service in Bosnia during the period March 1999 through September 1999.

2.  The Armed Forces Expeditionary Medal was authorized for service in the Former Republic of Yugoslavia in support of Operation Joint Forge from 21 June 1998 through a date to be determined.  Although the applicant was discharged for misconduct, his character of service was "General", which for the purpose of awarding the Armed Forces Expeditionary Medal is considered honorable.

3.  The evidence of record confirms the applicant met the criteria for this award based on his service in the Former Republic of Yugoslavia (Bosnia-Herzegovina) during the period 1 March 1999 through 30 September 1999.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his records to show this service medal.

BOARD VOTE:

__lcb___  __mjnt__  __eif___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his entitlement to the Armed Forces Expeditionary Medal.




							Larry C. Bergquist
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004784
SUFFIX

RECON

DATE BOARDED
20070911
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.