RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 February 2008
      DOCKET NUMBER:  AR20070013206


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Susan A. Powers               |     |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 the Armed Forces Service Medal
(AFSM) be added to his DD Form 214 (Certificate of Release or Discharge
from Active Duty) for the period ending 1 June 2004.

2.  The applicant states that the AFSM was administratively awarded to
service members who served in the former Republic of Yugoslavia after 1
June 1992.  Although he served in Bosnia-Herzegovina from 30 July 1997
through               17 February 1998, for which he received a Defense
Meritorious Service Medal,   a North Atlantic Treaty Organization (NATO)
Medal, and a Task Force Eagle Certificate of Appreciation, he was not
administratively awarded the AFSM.

3.  The applicant provides his DD Form 214 for the period ending 1 June
2004; a Defense Meritorious Service Medal award certificate; a
Multinational Division Certificate of Appreciation; a NATO Medal award
certificate; and a description of the eligibility criteria for award of the
AFSM.

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 was appointed a second lieutenant in the U. S. Army
Reserve on 14 September 1983.

3.  The applicant provided a Multinational Division Certificate of
Appreciation and a NATO Medal award certificate that show he served in the
Former Republic of Yugoslavia during Operation Joint Guard from 30 July
1997 to 17 February 1998.

4.  The applicant’s records contained seven DA Forms 1380 (Record of
Individual Performance of Reserve Duty Training), from the Defense Attaché
Office, U. S. Embassy, Sarajevo, Bosnia-Herzegovina, showing he performed
the following special project duty:
      24 July 1997           2 hours
      25 July 1997           2 hours
      26 July 1997           2 hours
      27 July 1997           2 hours
      28 July 1997           3 hours
      29 July 1997           2 hours
      30 July 1997           4 hours
      31 July 1997           6 hours

      1 August 1997    3 hours
      3 August 1997    4 hours
      5 August 1997    3 hours
      8 August 1997    3 hours
      12 August 1997   3 hours
      15 August 1997   4 hours
      19 August 1997   3 hours
      22 August 1997   4 hours
      25 August 1997   3 hours
      28 August 1997   2 hours
      29 August 1997   2 hours
      30 August 1997   5 hours

      8 September 1997 2 hours
      10 September 1997      2 hours
      11 September 1997      2 hours
      12 September 1997      6 hours
      13 September 1997      2 hours
      23 September 1997      3 hours
      24 September 1997      2 hours
      26 September 1997      2 hours
      27 September 1997      2 hours
      30 September 1997      2 hours

      1 October 1997   2 hours
      2 October 1997   2 hours
      6 October 1997   2 hours
      9 October 1997   2 hours
      14 October 1997  2 hours
      17 October 1997  2 hours
      29 October 1997  3 hours

      2 November 1997  2 hours
      3 November 1997  4 hours
      5 November 1997  3 hours
      13 November 1997 2 hours

      11 December 1997 3 hours
      15 December 1997 2 hours
      16 December 1997 2 hours

      14 January 1998  3 hours
      15 January 1998  2 hours
      16 January 1998  2 hours
      20 January 1998  2 hours
      26 January 1998  2 hours
      27 January 1998  3 hours
      28 January 1998  3 hours
      29 January 1998  2 hours

5.  A DA Form 1380 for February 1998 is not available.  The above DA Forms
1380 add up to 139 inactive duty training hours over 52 days.

6.  The applicant was ordered to active duty on 6 December 2001 in support
of Operation Noble Eagle, served in Afghanistan from 28 December 2003 to 1
May 2004, and was released from active duty on 1 June 2004.

7.  The applicant’s DD Form 214 for the period ending 1 June 2004 does not
show he was awarded the AFSM.

8.  Army Regulation 600-8-22 provides for award of the AFSM for qualifying
service in support of Operations Joint Endeavor and Joint Guard in Bosnia-
Herzegovina during the period 20 December 1996 to 20 June 1998.  Service
members must have been bona fide members of a unit participating in or
engaged in direct support of the operation for 30 consecutive days in the
area of operations or for 60 nonconsecutive days provided that support
involved entering the area of operations or met the following criteria:
(1) while participating as a regularly assigned aircrew member, accumulated
15 days service (consecutive or nonconsecutive) flying sorties into, out
of, within, or over the area in direct support of the military operations;
and (2) one day’s service was credited for the first sortie flown on any
day.  Any additional sorties flown on the same day received no further
credit.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows that the applicant performed 52
days of nonconsecutive duty in Bosnia-Herzegovina in support of Operation
Joint Guard.  In addition, the available evidence of record shows that
those days were not full days, but rather consisted of inactive duty days
performed for from 2 to    6 hours at a time.

2.  There is insufficient evidence to show that the applicant met the
eligibility criteria for award of the AFSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__kan___  __jam___  __sap___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __Kathleen A. Newman__
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070013206                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20080212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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