RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070018525 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 all awards and decorations she is entitled to for her service in Bosnia. 

2.  The applicant states that she served as an administrative specialist in the G-3 section of the 1st Armored Division in Bosnia, in support of Operation Joint Endeavor, from January 1996 to June 1996; however, she did not receive any recognition or awards for this service.  

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 August 1999, in support of her 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 record shows that she enlisted in the Regular Army for a period of 3 years on 21 September 1989.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  The highest rank/pay grade she attained during her military service was sergeant (SGT)/E-5.  She was honorably discharged on 18 August 1999. 

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Armed Forces Service Medal; the Driver and Mechanic Badge; the NATO Medal; the Army Commendation Medal; the Army Achievement Medal (4th Award); the Army Superior Unit Award; the Good Conduct Medal (3rd Award); 


the National Defense Service Medal; the Noncommissioned Officer’s Professional Development Ribbon, with Numeral two; the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), and the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16).

4.  Item 18 (Remarks) of the applicant’s DD Form 214 shows that she served in Bosnia from 4 January 1996 to 16 June 1996. 

5.  At the time of the applicant’s military service in Bosnia, participants deployed in Bosnia-Herzegovina and Croatia, in the Former Republic of Yugoslavia, in support of Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998, were designated as U.S. military operations in direct support of the United Nations.

6.  Army Regulation 600-8-22 (Military Awards) 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 Armed Forces Expeditionary Medal 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 Armed Forces Expeditionary Medal  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 Armed Forces Expeditionary Medal  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.  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:

The evidence of record shows that the applicant served in Bosnia from 4 January 1996 to 16 June 1996, in support of Operation Joint Endeavor; therefore, she served a qualifying period of service for award of the Armed Forces Expeditionary Medal and is entitled to correction of her records to show this award.  

BOARD VOTE:

__x___  __x___  __x___  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 award of the Armed Forces Expeditionary Medal for her service in Bosnia from 4 January 1996 to 16 June 1996.



							JS
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018525



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508