IN THE CASE OF:	

	BOARD DATE:	

	DOCKET NUMBER:  AR20080004694 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Armed Forces Expeditionary Medal and that it be added to his DD Form 214.  He also requests that his service in Bosnia-Herzegovina be shown on his DD Form 214.

2.  The applicant states, in effect, that he served with the 1st Squadron, 1st Cavalry in Bosnia-Herzegovina as part of Operation Joint Endeavor during the time period 18 December 1995 through 1 May 1996 prior to the expiration of his term of service.

3.  The applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a news release by the Office of the Assistant Secretary of Defense (Public Affairs) pertaining to award of the Armed Forces Expeditionary Medal for participants in Operation Joint Endeavor, dated 23 March 1999; a copy of his Officer Record Brief, with a brief date of 22 May 1999; a copy of OPORD 95-425, Headquarters, Task Force Eagle, dated 12 December 1995; a copy of a Personnel Manifest Roster, dated 13 December 1995; a copy of six of his Leave and Earning Statements; a copy of a DD Form 1351-2, Voucher or Subvoucher, dated 14 May 1996; and a copy of a Memorandum, Subject:  Deployment of Soldiers to Bosnia, dated 13 May 1996.

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 personnel service records show he accepted a commission in the Regular Army and entered active duty on 23 September 1992.  The applicant was honorably discharged on 1 May 1999, for miscellaneous and general reasons, in the rank and pay grade of Captain, O-3.

3.  The applicant's records show he was serving an overseas service tour in Germany when on 13 December 1995 he was ordered to Bosnia-Herzegovina with his unit, the 1st Squadron, 1st Cavalry, as part of Task Force Eagle.

4.  Following his service in Bosnia-Herzegovina, the applicant was returned to Germany to redeploy to the United States for the purpose of separation on 1 May 1996.

5.  The DD Form 214 the applicant was issued on his discharge date shows, in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that during his Army service, he was awarded:  the Meritorious Service Medal, the Army Commendation Medal, the Army Achievement Medal, the Army Superior Unit Award, the National Defense Service Medal, the Armed Forces Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Parachutist Badge.  No other awards are shown on the applicant's DD Form 214.

6.  MILPERCEN (US Army Military Personnel Center) Message Number 99-100, DTG (Date and Time Group) 121605Z March 1999, Subject:  Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard, announced that Section 572, National Defense Authorization Act (NDAA) Fiscal Year 1998, November 1997, designated participation by service members in Operation Joint Endeavor (from 1 June 1992 to 19 December 1996) in the Republic of Bosnia-Herzegovina as meeting the requirements for award of the Armed Forces Expeditionary Medal.  Award of the Armed Forces Expeditionary Medal was limited to only those participants in, or those providing direct support 

to Operation Joint Endeavor who were deployed in the countries of Bosnia-Herzegovina and Croatia, or aboard Naval vessels operating in the Adriatic Sea, and their respective air spaces.  To qualify for this award, a member must have participated in Operation Joint Endeavor for one or more days within the designated area of eligibility.

7.  Army Regulation 635-5, which is currently in force, prescribes policies and procedures regarding separation documents.  Specific instructions for the completion of each item of the DD Form 214 are provided in paragraph 2-4 of this regulation.  Paragraph 2-4h(18)(f) states that "For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.  (However, for an active duty Soldier deployed with his or her unit during their continuous period of active service enter only the second statement.) (1) Ordered to active duty in support of (Operation Name) per 10 USC (applicable section).  (2)  Service in (Name of Country Deployed) from (inclusive dates for example YYYYMMDD – YYYYMMDD).  (3)Soldier Completed period for which ordered to active duty for purpose of post service benefits and entitlements."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Bosnia-Herzegovina during the qualifying period for award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor.  He is therefore entitled to be awarded and to have the Armed Forces Expeditionary Medal added to his DD Form 214.

2.  Based on the applicant's service in Bosnia-Herzegovina from 13 December 1995 through 1 May 1996, and based upon the provision of the current edition of Army Regulation 635-5, the applicant is entitled to have his service in Bosnia-Herzegovina shown in Item 18 (Remarks Section), of his DD Form 214.

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:

	a.  awarding the applicant the Armed Forces Expeditionary Medal to the applicant then adding this award to his DD Form 214; and 

	b.  making an entry in Item 18, of the applicant's DD Form to show his service in Bosnia-Herzegovina as follows:

"Service in Bosnia-Herzegovina from 19951213 – 19960501"




       _    ___x____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080004694





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ABCMR Record of Proceedings (cont)                                         AR20080004694



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