IN THE CASE OF:	   

		BOARD DATE:	        16 December 2008

		DOCKET NUMBER:  AR20080012236 


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 award of the Armed Forces Expeditionary Medal for his service in Bosnia.  He also requests that the Signal Support Systems Specialist Course and the Light Wheel Vehicle Mechanic Course listed in item 
14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be removed.

2.  The applicant states that he is missing the Armed Forces Expeditionary Medal for his participation in Operations Joint Endeavor and Joint Guard.  He also states that he never attended the above mentioned courses. 

3.  The applicant provides an award certificate for the North Atlantic Treaty Organization (NATO) Medal; a certificate of commendation; and a certificate of appreciation.  

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 enlisted in the Regular Army on 2 January 1991, served as a cavalry scout, and was honorably discharged on 16 October 2003 by reason of physical disability.

3.  The applicant's DD Form 214 shows the Army Commendation Medal, the Army Achievement Medal (6th Award), the Army Good Conduct Medal (3rd Award), the Joint Meritorious Unit Award, the Army Superior Unit Award (2nd Award), the National Defense Service Medal (2nd Award), the Armed Forces Service Medal, the Noncommissioned Officers Professional Development Ribbon (Basic Level), the Army Service Ribbon, the Overseas Service Ribbon, the NATO Medal, the Driver and Mechanic Badge, the Drivers Badge - W, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 
14 on his DD Form 214 shows he completed the 14-week Signal Support Systems Specialist Course in April 2002 and the 10-week Light Wheel Vehicle Mechanic Course in April 2002.
 
4.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Bosnia from 29 January 1996 through 20 August 1996 and from 30 March 1998 through 23 September 1998.

5.  In support of his claim, the applicant provided an award certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia during the period 13 January 1996 to 9 October 1996.  He also provided certificates which show he participated in Operation Joint Endeavor in Bosnia-Herzegovina and Operation Joint Guard in the Former Republic of Yugoslavia.  

6.  Item 17 (Civilian Education and Military Schools) on the applicant's DA Form 2-1 does not show the Signal Support Systems Specialist Course or the Light Wheel Vehicle Mechanic Course.

7.  There is no evidence of record (such as a certificate of course completion) which shows the applicant completed the 14-week Signal Support Systems Specialist Course in April 2002 and the 10-week Light Wheel Vehicle Mechanic Course in April 2002.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia in support of Operations Joint Endeavor and Joint Guard from 1 June 1992 to 
20 June 1998 (Note: only for participants deployed in Bosnia-Herzegovina and Croatia).

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant's DA Form 2-1 which show he served in Bosnia from 29 January 1996 through 20 August 1996 and from 30 March 1998 through 23 September 1998 are accepted as sufficient evidence on which to amend his DD Form 214 to show award of the Armed Forces Expeditionary Medal. 

2.  Since there is no evidence of record which shows the applicant completed the 14-week Signal Support Systems Specialist Course in April 2002 or the 10-week Light Wheel Vehicle Mechanic Course in April 2002, and based on his request to remove these courses from his DD Form 214, it would be appropriate to remove these courses from item 14 on his DD Form 214. 

3.  The applicant served a period of qualifying service for the Global War on Terrorism Service Medal.

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.  deleting the entries, "SIGNAL SUPPORT SYSTEMS SPECIALIST CRS, 17 WEEKS, APR 2002" and "LIGHT WHEEL VEHICLE MECHANIC CRS, 10 WEEKS, APR 2002" in item 14 on his DD Form 214; and

	b.  adding the Armed Forces Expeditionary Medal and the Global War on Terrorism Service Medal on his DD Form 214.



      _______ _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)                                         AR20080012236





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ABCMR Record of Proceedings (cont)                                         AR20080012236



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