IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080006922
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to Bosnia and award of the Armed Forces Expeditionary Medal.
2. The applicant states, in effect, that she served in Bosnia but she did not return with her unit because she was medically evacuated early. She contends that upon her units return they were issued the Armed Forces Expeditionary Medal.
3. The applicant provides no additional evidence 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 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 enlisted on 21 July 1993 and was released from active duty on 13 January 1998 and transferred to the US Army Reserve Control Group (Reinforcement).
3. The applicants DD Form 214 shows she was awarded the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. It does not show any deployments.
4. Records at the Defense Finance and Accounting Service show the applicant served in a combat zone in Croatia during the period 1 January 1996 to 31 March 1996.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.
7. Army Regulation 600-8-22, table 2-3 authorizes this award for service in Operation Joint Endeavor during the period 1 June 1992 through 20 June 1998 in Bosnia and Croatia only.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence to show the applicant served in Bosnia.
2. However, evidence of record shows that the applicant served in Croatia from 1 January 1996 to 31 March 1996. Therefore, item 18 on her DD Form 214 should be corrected to show this deployment.
3. Based on the applicants service in Croatia, she is eligible for award of the Armed Forces Expeditionary Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xx____ ___xx___ ____xx__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the Armed Forces Expeditionary Medal to her DD Form 214; and
b. adding the entry, SERVICE IN CROATIA FROM 960101-960331 in item 18 on her DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correct her DD Form 214 to show she deployed to Bosnia.
______xxxxx___________
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) AR20080006922
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ABCMR Record of Proceedings (cont) AR20080006922
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