Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080003638
Original file (20080003638.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080003638 


	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 award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states, in effect, that he served in support of Operation Joint Endeavor from 1 March - to 25 November 1996.  The Secretary of Defense did not authorize the AFEM for Operations Joint Endeavor and Joint Guard until March 1999.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his orders to participate in Operation Joint Endeavor.

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 served in the Regular Army from 15 April 1994 through 14 April 1998.  

3.  The applicant's DD Form 214 shows that he served in Bosnia from 1 March – 25 November 1996.  The applicant provided a copy of his deployment orders to participate in Operation Joint Endeavor.  He was assigned to Headquarters and Headquarters Company, 40th Engineer Battalion (Forward), Tuzla, Bosnia-Herzegovina. 





4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The Former Republic of Yugoslavia Operations Joint Endeavor and Joint Guard are designated as military operations in direct support of the United Nations (1 June 1992 – 20 June 1998) for this award as specified in Army Regulation 600-8-22.  Only participants deployed to Bosnia-Herzegovina and Croatia were authorized the AFEM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the AFEM for his participation in Operation Joint Endeavor.

2.  The applicant had qualifying service in Tuzla, Bosnia-Herzegovina from
1 March – 25 November 1996 as a participant in Operation Joint Endeavor.  Therefore, he is entitled to award of the AFEM and to have his record corrected to show this award. 

BOARD VOTE:

__JS____  __WDP___  __LCB___  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 awarding the AFEM and changing his record to show this award.




						JS
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080003638



4


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




Similar Decisions

  • ARMY | BCMR | CY2014 | 20140010834

    Original file (20140010834.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following awards: * three Army Achievement Medals (AAM) * Army Commendation Medal (ARCOM) * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * Afghanistan Campaign Medal (ACM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Kosovo Campaign Medal (KCM) 2. The 30 consecutive or 60...

  • ARMY | BCMR | CY2014 | 20140011731

    Original file (20140011731.txt) Auto-classification: Approved

    The applicant's military personnel records failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM). d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 6 September 1996 through 14 December 1998. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 6...

  • ARMY | BCMR | CY2011 | 20110002334

    Original file (20110002334.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * he served in Haiti in support of Operation Uphold Democracy * award of the Armed Forces Expeditionary Medal (AFEM) for service in both Haiti and Bosnia 2. He submitted the following documents in support of his deployment to Bosnia in support of Operation Joint Guard: a. DD Form...

  • ARMY | BCMR | CY2014 | 20140006555

    Original file (20140006555.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states: a. The applicant provides evidence that shows he was awarded the AFSM for participating in operations in support of Operation Joint Endeavor for at least 60 non-consecutive days while serving in the USAR in Italy.

  • ARMY | BCMR | CY2014 | 20140016708

    Original file (20140016708.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served in Bosnia-Herzegovina from on or about 27 December 1995 to 4 August 1996. The applicant's unclassified OMPF does not support his contention that he received the AFEM for service in Operation Just Cause nor did he provide evidence to show he served in that named campaign.

  • ARMY | BCMR | CY2009 | 20090001986

    Original file (20090001986.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Evidence of record shows that the applicant served in the Former Republic of Yugoslavia (Bosnia-Herzegovina) in support of Operation Joint Guard. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the AFEM.

  • ARMY | BCMR | CY2009 | 20090015538

    Original file (20090015538.txt) Auto-classification: Approved

    The applicant requests that his records be corrected by showing award of the Army Superior Unit Award (ASUA) for Operation Joint Endeavor and the Valorous Unit Award (VUA) for service during Desert Storm. The evidence of record shows that the applicant served in the Former Republic of Yugoslavia (Bosnia-Herzegovina) while assigned to the 141st Signal Battalion in support of Operation Joint Endeavor. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2007 | 20070013144

    Original file (20070013144.TXT) Auto-classification: Approved

    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. Evidence of record shows that the applicant was awarded three awards of Army Achievement Medal during his military service. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2008 | 20080014979

    Original file (20080014979.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 January 1998 be corrected to add the Armed Forces Expeditionary Medal (AFEM). The applicant's military records show that while a member of the Massachusetts Army National Guard (MAARNG) he was ordered to active duty in support of Operation Joint Endeavor/Guard on 15 May 1997. The regulation also provides that the AFEM may be awarded if the individual served the full...

  • ARMY | BCMR | CY2008 | 20080007171

    Original file (20080007171.txt) Auto-classification: Approved

    There are no orders or evidence in the available records which shows the applicant was awarded the Armed Forces Expeditionary Medal. The evidence of record shows the applicant served a period of qualifying service in Bosnia-Herzegovina in support of Operation Joint Endeavor thereby meeting the criteria for award of the Armed Forces Expeditionary Medal. Therefore, item 13 on the applicant's DD Form 214 should be corrected to show this award.