IN THE CASE OF:	  

		BOARD DATE:	        05 MARCH 2009

		DOCKET NUMBER:  AR20080010533 


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 his military records be corrected to show the award of the Army Commendation Medal and the Armed Forces Expeditionary Medal.  

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal and the Armed Forces Expeditionary Medal after his DD Form 214 (Certificate of Release or Discharge from Active Duty) was issued.  He also states, in effect, that his service in Bosnia from 28 December 1995 to
24 November 1996 qualifies him for award of the Armed Forces Expeditionary Medal.

3.  The applicant provides no additional evidence 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.  The applicant's military records show that he enlisted in the United States Army Reserve (USAR) on 3 July 1991.  He entered active duty for training, completed basic and advanced individual training, and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was then released from active duty for training and returned to his USAR unit.  On 16 July 1993, he enlisted in the Regular Army.  He completed advanced individual training and was awarded MOS 63W (Wheel Vehicle Repairer).  He departed for a tour in Germany on 1 December 1993 and served with Company B, 501st Forward Support Battalion, 1st Armored Division.  He deployed from Germany to Bosnia on 28 December 1995 and returned to Germany on 24 November 1996.  On
15 July 1997, he was honorably released from active duty at the Kirchgoens Transition Center, Germany and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Army Achievement Medal with first oak leaf cluster, Good Conduct Medal, National Defense Service Medal, Armed Forces Service Medal, Army Service Ribbon, the Overseas Service Ribbon, NATO Medal, Joint Meritorious Unit Award, Army Superior Unit Award, and the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) Bar and Driver-T (for tracked vehicles) Bar.

3.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show that he was awarded the Army Commendation Medal.  There are also no orders or any other substantiating evidence in his military records which show that he was awarded the Army Commendation Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Armed Forces Expeditionary Medal, but he deployed to Bosnia in support of Operation Joint Endeavor and/or Operation Joint Guard from 28 December 1995 to 
24 November 1996.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
6.  This same regulation provides, in pertinent part, that the Armed Forces Expeditionary Medal is awarded 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 designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.  For personnel deployed in Bosnia-Herzegovina and Croatia from 1 June 1992 to 20 June 1998 (Operation Joint Endeavor and Joint Guard), MILPER Message Number 99-157, dated 
21 May 1999, authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for these operations.  However, no service member will be awarded both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for participation or direct support of Operation Joint Forge (21 June 1998 to a date to be determined).

7.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Army Commendation Medal and the Armed Forces Expeditionary Medal.  

2.  The sincerity of the applicant's claim that he was awarded the Army Commendation Medal is not questioned.  However, all awards of the Army Commendation Medal must be announced in official orders, which the applicant did not provide, and are not in his military records.  Regrettably, absent orders awarding him the Army Commendation Medal, there is insufficient basis for correcting his military records to show this award.

3.  Although the applicant is entitled to award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for his deployment to Bosnia in support of Operation Joint Endeavor and/or Operation Joint Guard from 
28 December 1995 to 24 November 1996, his DD Form 214 only shows that he was awarded the Armed Forces Service Medal.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the award of the Armed Forces Expeditionary Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_____  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 adding to item 13 of his DD Form 214 with an ending date of 15 July 1997 the Armed Forces Expeditionary Medal.

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 adding the award of the Army Commendation Medal.



      _______XXX_______________
               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)                                         AR20080010533



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010533



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1