IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080011685
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal (AFEM), the North Atlantic Treaty Organization (NATO) Medal, and the Good Conduct Medal.
2. The applicant states that she earned the medals and awards.
3. The applicant provides Permanent Orders 63-018, dated 4 March 1999; Headquarters, 1st Cavalry Division Permanent Orders 208-04, dated 27 July 1998; orders for the Good Conduct Medal; and a copy of her DD Form 214. The application shows that she provided AFEM orders; however, these orders are not available.
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 13 August 1997, served as a signal support systems specialist, and was honorably discharged on 22 May 2003.
3. The applicants DD Form 214 shows the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon as authorized awards.
4. The applicant provided temporary change of station orders, Permanent Orders 208-04, published by Headquarters, 1st Cavalry Division, Fort hood, TX, dated 27 July 1998, which show her unit was attached to Task Force Eagle in Bosnia-Herzegovina on or about 20 August 1998 for a period of 179 days.
5. The applicant provided Permanent Orders 63-018, dated 4 March 1999, which show her unit was released from deployment in support of Operation Joint Guard in Bosnia-Herzegovina effective on or about 7 March 1999. These orders also show all members are authorized award of the NATO Medal.
6. Records at the Defense Finance and Accounting Service show the applicant served in Bosnia from 1 September 1998 to 31 March 1999.
7. Headquarters, Detachment B, 15th Personnel Services Battalion Permanent Order 058-215, dated 28 February 2001, shows the applicant received the first award of the Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that qualifying service for award of the Armed Forces Expeditionary Medal required individuals to be a bona fide member of a unit participating in the operational area defined above or to meet one or more of the following criteria: 1) Be deployed in the operational area as an individual by official orders to Operations Joint Endeavor or Operation Joint Guard for 30 consecutive or 60 nonconsecutive days; and/or 2) Participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the land area of Bosnia-Herzegovina, Croatia, Adriatic Sea and their air spaces.
9. The NATO Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations. The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO. Acceptance of the NATO Medal has been approved for U.S. military personnel who serve
under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was deployed to Bosnia in support of Task Force Eagle and Operation Joint Guard from 1 September 1998 to
31 March 1999. Therefore, she is eligible for award of the AFEM.
2. The 4 March 1999 orders provided by the applicant which show her unit was authorized award of the NATO Medal is accepted as sufficient evidence on which to amend her DD Form 214 to show this medal.
3. Orders show the applicant received the Good Conduct Medal.
BOARD VOTE:
____xx__ ___xx___ _xx_____ 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
adding the AFEM, the NATO Medal, and the Good Conduct Medal on her DD Form 214.
________xxxx__________
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.
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