IN THE CASE OF:	  

		BOARD DATE:	       30 April 2009

		DOCKET NUMBER:  AR20080013576 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Bosnia and award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal.

2.  The applicant states that he served in Bosnia from September 1998 through April 1999.  He contends that item 12f (Foreign Service) of his DD Form 214 does not reflect that he served overseas in a foreign location, that his DD Form 214 does not show award of the Armed Forces Expeditionary Medal or the Armed Forces Service Medal for his deployment to Bosnia in support of Operation Joint Forge, and that item 18 (Remarks) of his DD Form 214 does not show his dates of deployment in Bosnia.

3.  The applicant provides temporary change of station orders and a copy of his DD Form 214 in support of his 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 enlisted in the Regular Army on 13 January 1998, served as an indirect fire infantryman, and was released from active duty on 12 January 2001.

3.  Item 12f on the applicant’s DD Form 214 shows the entry "0000 00 00."  His DD Form 214 does not show the Armed Forces Expeditionary Medal or the Armed Forces Service Medal as authorized awards.  Item 18 of his DD Form 214 does not show any deployments.

4.  In support of his claim, the applicant provided temporary change of station orders, dated 27 July 1998, which show he was to deploy to Bosnia on or about 20 August 1998.  However, his inclusive dates of service in Bosnia are not available.  

5.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Bosnia from September 1998 to March 1999.

6.  On 7 April 2009, the applicant was notified by separate correspondence that he was eligible for either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal for qualifying service in Bosnia.  On 18 April 2009, he requested award of the Armed Forces Expeditionary Medal.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 of the DD Form 214.

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. 

9.  MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, Fiscal Year 1998, November 1997, to allow 
award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the Armed Forces Expeditionary Medal is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard U.S. Naval vessels operating in the Adriatic Sea, and their respective air space.

10.  Table 2-5 of Army Regulation 600-8-22 authorizes award of the Armed Forces Service Medal for service in Operation Joint Forge during the period 
21 June 1998 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he served in Bosnia from September 1998 through April 1999, DFAS records show he served in Bosnia from September 1998 to March 1999.  Since his inclusive dates of service in Bosnia are not available, there is insufficient evidence on which to amend item 12f or item 18 of his DD Form 214 at this time.

2.  Based on the applicant's service in Bosnia in support of Operation Joint Forge and his election to receive the Armed Forces Expeditionary Medal in lieu of the Armed Forces Service Medal, he is eligible for 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 the Armed Forces Expeditionary Medal to his 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 amending his DD Form 214 to show his deployment in Bosnia.




      ___________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)                                         AR20080013576





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ABCMR Record of Proceedings (cont)                                         AR20080013576



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