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 applicants 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 applicants 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
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