IN THE CASE OF:	  

		BOARD DATE:	        09 APRIL 2009

		DOCKET NUMBER:  AR20080013211 


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 Armed Forces Expeditionary Medal. 

2.  The applicant states that he was awarded the Armed Forces Expeditionary Medal after he was released from active duty.

3.  The applicant provides two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a memorandum for record, dated 16 October 1999, regarding the award of the Armed Forces Expeditionary Medal to members of the 423rd Military Police Company 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 U.S. Army Reserve (USAR) on 31 March 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).  He was ordered to active duty in support of Operation Joint Endeavor/Joint Guard on 19 August 1997, and served in Hungary, Bosnia, and Croatia from 21 October 1997 to 8 April 1998.  On 22 April 1998, he was honorably released from active duty and transferred to his USAR unit.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Armed Forces Service Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Army Service Ribbon, and the North Atlantic Treaty Organization (NATO) Medal.  It does not show that he was awarded the Armed Forces Expeditionary Medal; however, it shows that he had already been awarded the Armed Forces Service Medal for his service in support of Operation Joint Guard.

4.  Army Regulation 600-8-22 (Military Awards) 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.  

5.  Army Personnel Command Message Number 99-100 (Date/Time Group of 121605Z March 1999) authorized 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 20 December 1996 to
20 June 1998 (Operation Joint Guard).  

6.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  Although the applicant is entitled to both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for his deployment to Bosnia in support of Operation Joint Guard from 21 October 1997 to 8 April 1998, his DD Form 214 only shows award  of the Armed Forces Service Medal.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the additional award of the Armed Forces Expeditionary Medal.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Armed Forces Expeditionary Medal.



2.  The Board wants the applicant and all others to know that the sacrifices made by him in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _______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)                                         AR20080013211



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ABCMR Record of Proceedings (cont)                                         AR20080013211



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