IN THE CASE OF:	  

		BOARD DATE:	       2 December 2008

		DOCKET NUMBER:  AR20080012561 


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 the Armed Forces Expeditionary Medal and the Armed Forces Service Medal be added to his final DD Form 214 (Certificate of Release or Discharge from Active Duty), issuance of the medals, and that all of his awards be listed on that final DD Form 214. 

2.  The applicant states he retired prior to the authorization of the Armed Forces Expeditionary Medal and he was unaware of the Armed Forces Service Medal.  Then Secretary of Defense William S. Cohen authorized the issuance of both awards for the same period as a one-time exception to Department of Defense and Service policy.  His flight logs will show that he performed imminent danger flight time in the Former Republic of Yugoslavia.  He has no evidence of his Army National Guard (ARNG) service from January 1987 to April 1988.

3.  The applicant provides copies of three different DD Forms 214; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 14 February 1991; his Officer Record Brief (ORB), dated 20 May 1996; six pages of DA Form 759-E (Individual Flight Record and Certificate-Army); and his 9 December 1996 retirement orders.

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 served in the Regular Army as an enlisted Soldier from 16 October 1978 to 4 November 1986 and was discharged as a staff sergeant in pay grade E-6.  His DD Form 214 for that period of service lists his authorized awards as the Army Commendation Medal with Oak Leaf Cluster, Good Conduct Medal (2nd Award), Army Achievement Medal with five Oak Leaf Clusters, Noncommissioned Officer Professional Development Ribbon with numeral 2, Overseas Service Ribbon, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  He enlisted in the ARNG on 8 January 1987 and was discharged to accept an appointment as a warrant officer on 25 April 1989.  He served as an aviation warrant officer in the ARNG until 17 February 1991 when he returned to active duty as a U.S. Army Reserve warrant officer.  The NGB Forms 22 for these two periods of service show the same awards as listed above except for one additional award of the Army Achievement Medal.

4.  His 1996 ORB shows that he was assigned to an operational aviation squadron in Germany and served in Operation Joint Endeavor in Bosnia.  His flight records (DA Form 759-E) for the period 1 February through 19 June 1996 show that he was authorized and completed numerous hours of flight while authorized imminent danger pay.

5.  On 31 March 1997, the applicant retired in pay grade W-2.  He had 15 years, 3 months, and 20 days of active duty service.  His DD Form 214 for this period lists his authorized awards [for all periods of service] as the Army Commendation Medal (2nd Award), Army Achievement Medal (10th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, NATO Medal, Armed Forces Service Medal, Noncommissioned Officer Professional Development Ribbon with numeral 2, Overseas Service Ribbon (2nd Award), Army Service Ribbon, and the Senior Army Aviator Badge.

6.  Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, Permanent Order Number 112, dated 22 April 1997 awarded him the Meritorious Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal as a one-time exception to Department of Defense and Service policy for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea, and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

8.  Army Regulation 600-8-22 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-3 shows that it was authorized to individuals participating in the Former Republic of Yugoslavia in Operations Joint Endeavor and Joint Guard during the period 1 June 1992 to 20 June 1998, but only for individuals deployed in Bosnia-Herzegovina and Croatia.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Meritorious Service Medal after he retired.

2.  The applicant is authorized both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal; however, the latter is already shown on his final DD Form 214.

3.  The Meritorious Service Medal and the Armed Forces Expeditionary Medal should be added to his final DD Form 214.

4.  Aside from the above, it appears that all of his authorized awards are listed on his final DD Form 214.

5.  The applicant states that he has no evidence of his National Guard service from January 1987 to April 1988.  A copy of the NGB Form 22 covering that period will be forwarded to him.


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 the Meritorious Service Medal and the Armed Forces Expeditionary Medal to the awards listed on his final 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 adding any other awards to his final 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)                                         AR20080012561



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012561



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1