RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070013144 


	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. David K. Haasenritter

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 Expeditionary Medal (AFEM) for his service in the Republic of Bosnia and Herzegovina. 

2.  The applicant states that he served in the Republic of Bosnia and Herzegovina in support of Operation Joint Endeavor from April 1996 to November 1996.  He further adds that based on Section 572 of the Defense Authorization Act, he is eligible for this award. 

3.  The applicant provides the following additional documentary evidence in support of his application: 

	a.  his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 20 February 1997;

	b.  an undated Headquarters, United States Army, Europe and Seventh Army Scroll of Appreciation for his service in support of Operation Joint Endeavor;

	c.  an undated North Atlantic Treaty Organization (NATO) Certificate, awarding the applicant the NATO Medal; and

d.  an internet extract of Section 572 of the Defense Authorization Act.

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 record shows that he enlisted in the Regular Army on 21 July 1993.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  The highest rank he attained during his military service was specialist (SPC)/E-4.  He served in Germany from February 1995 to February 1997 and was assigned to the 3rd Battalion, 12th Infantry.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 20 February 1997. 

3.  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 Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the United Nations Medal, the Joint Meritorious Unit Award, the Overseas Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Army Service Ribbon, the Armed Forces Service Medal, and the NATO Medal.  Item 13 does not show award of the Armed Forces Expeditionary Medal.

4.  Item 18 (Remarks) of the applicant’s DD Form 214 shows that he served in the Republic of Macedonia during the period 13 May 1995 to 20 October 1995.  This Item also shows he served in the Republic of Bosnia during the period
28 April 1996 to 18 November 1996.

5.  The applicant submitted an undated certificate that shows he was awarded the NATO Medal for his service with NATO in connection with operations in Bosnia-Herzegovina during the period 8 April 1996 to 12 November 1996.  

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal may be authorized for three categories of operations: U.S. military operations; U.S. operations in direct support of the United Nations; and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:  (1)  Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; (2)  Is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; (3)  Accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. 


7.  The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved.  However, this does not prevent award eligibility for subsequent on-going operations if the associated campaign medal has been terminated.  No individual will be eligible for both the AFEM and a campaign medal awarded during a single tour in the designated operation.  For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service.  The military service of the service member on whom qualification for the award of the AFEM is based will have been honorable.  The Armed Forces Expeditionary Medal is authorized for the Former Republic of Yugoslavia–Operations JOINT ENDEAVOR and JOINT GUARD, from 1 June 1992 to 20 June 1998, only for participants deployed in Bosnia-Herzegovina and Croatia as a designated U.S. military operation in direct support of the United Nations.

8.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 2nd Battalion, 18th Infantry, Permanent Orders 51-3, dated 3 February 1995 shows that the applicant was awarded the Army Achievement Medal for meritorious service from 23 November 1993 to 22 December 1994.

10.  Headquarters, 3rd Battalion, 12th Infantry, Permanent Orders 71-451, dated 1 September 1995 shows that the applicant was awarded the Army Achievement Medal for meritorious service from 20 May 1995 to 1 November 1995 in the former Yugoslav Republic of Macedonia.  

11.  Headquarters, 3rd Battalion, 12th Infantry, Permanent Orders 15-2, dated 15 January 1997 shows that the applicant was awarded the Army Achievement Medal for meritorious service from 1 January 1995 to 1 January 1997.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  This regulation also states, in pertinent part, that for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster will be awarded.  This includes awards of the Army Achievement Medal.




DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served in the Former Republic of Yugoslavia, Bosnia-Herzegovina in support of Operation Joint Endeavor during the period 28 April 1996 to 18 November 1996.  Therefore, he served a qualifying period of service for award of the Armed Forces Expeditionary Medal and is entitled to correction of his records to show this award.  

2.  Evidence of record shows that the applicant was awarded three awards of Army Achievement Medal during his military service.  However, only one award is shown on his records.  Therefore, he is entitled to correction of his records to show award of the Army Achievement Medal with 2nd oak leaf cluster. 

BOARD VOTE:

__dkh___  __jrh___  __eem___  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:

a.  awarding the applicant the Armed Forces Expeditionary Medal for his service in Bosnia-Herzegovina during the period 28 April 1996 to 18 November 1996; and 

	b.  showing award of the Army Achievement Medal with 2nd Oak Leaf Cluster.



							David K. Haasenritter
	______________________
          		CHAIRPERSON

INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.