IN THE CASE OF:	    

		BOARD DATE:	         17 September 2008

		DOCKET NUMBER:    AR20080007171 


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, award of the Armed Forces Expeditionary Medal.

2.  The applicant states that the Armed Forces Expeditionary Medal was awarded to him for his service in Bosnia after he was separated from active duty. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); U.S. Department of Defense News Release Number 118-99, dated 23 March 1999; and his United States Army Reserve (USAR) discharge Orders, dated 6 March 2001 in support of this 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.  Headquarters, United States Army Special Operations Command, Fort Bragg, North Carolina Orders 302-155, dated 28 October 1996 shows the applicant was ordered to active duty in support of Operation Joint Endeavor.  

3.  The applicant's DD Form 214 shows he entered active duty on 22 November 1996 and was trained, awarded, and served in military occupational specialty (MOS) 38A (Civil Affairs Specialist).  

4.  A Memorandum for Record from the North Atlantic Treaty Organization (NATO) Peace Stabilization Force, Combined Joint Civil Military Task Force, Operation Constant Guard, Sarajevo, Bosnia-Herzegovina, dated 6 January 1997 awarded the applicant the Armed Forces Service Medal.  

5.  The applicant's DD Form 214 shows that on 15 July 1997, he was honorably released from active duty at the completion of his required active service.  His record shows he completed 7 months and 24 days of active duty.  Item 12F (Foreign Service) of his DD Form 214 shows: 00 years, 00 months, and 00 days.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Armed Forces Expeditionary Medal.  Item 13 of his DD Form 214 shows he was awarded the Joint Service Achievement Medal, the National Defense Service Medal, the Armed Forces Service Medal, the Armed Forces Reserve Medal and Mobilization, the Army Service Ribbon, the NATO Medal, and the Drivers and Mechanic Badge with Driver-W Bar.

7.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Operation Joint Endeavor (Bosnia) during the period 7 December 1996 through 23 June 1997.

8.  There are no orders or evidence in the available records which shows the applicant was awarded the Armed Forces Expeditionary Medal.  

9.  Headquarters, United States Army, Special Operations Command, Fort Bragg, North Carolina Orders 211-43, dated 30 July 1998 shows the applicant was involuntary Transferred to the USAR (Control Group (AT)) effective 2 June 1998.

10.  Department of the Army U.S. Army Reserve Personnel Command, St. Louis, Missouri ARPC-PSP-T Orders D-03-112058, dated 6 March 2001, show the applicant was honorable discharged from the USAR effective 6 March 2001.

11.  MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the AFEM or the Armed Forces Service Medal (AFSM) to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space.  Award of the AFSM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

12.  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.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in block 12f.  This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the statement:  "SERVICE IN (Name of Country Deployed) FROM (inclusive dates)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Armed Forces Expeditionary Medal based on his service in Bosnia. 

2.  The applicant’s DD Form 214 does not currently show any foreign service in item 12f.  However, item 13 of his DD Form 214 shows an award of the NATO Medal and item 18 (Remarks) shows he served in Bosnia-Herzegovina.  Therefore, it would be appropriate to correct item 12f on his DD Form 214 to his foreign service as "0000 06 16."  


3.  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.

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 amending item 12f on his DD Form 214 to show the entry "0000 06 16," and by adding the award of the Armed Forces Expeditionary Medal to item 13 on his DD Form 214.



      _______ _   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)                                         AR20080007171



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ABCMR Record of Proceedings (cont)                                         AR20080007171



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