IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080014542
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 that he be awarded the Armed Forces Expeditionary Medal.
2. The applicant states, in effect, he believes the award was authorized for his period of service after he was released from active duty. He has been denied Veteran's Preference because it is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of his DD Form 214.
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 in the Regular Army on 30 June 1994, completed training, and was awarded the military occupational specialty 42F (Engineer Tracked Vehicle Crewman).
3. The applicant is shown to have served in Bosnia from 20 March 1997 through 27 October 1997 in support of Operation Joint Guard.
4. The applicant was honorably separated from active duty on 29 June 1998. His DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Army Service Medal, the Overseas Service Ribbon, the Armed Forces Service Medal, the Army Achievement Medal (6th Oak Leaf Cluster), the Army Lapel Button, the Driver Badge (with T Bar), and the NATO Medal.
5. Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for service in Bosnia when a bona fide member of a unit participating in the operational area meet one or more of the following criteria:
a. 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 non consecutive days; and/or
b. 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.
6. Army Personnel Command Message Number 99-100 (with a 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he believes the Armed Forces Expeditionary Medal was authorized for his period of service after he was released from active duty.
2. At the time of the applicant's release from active duty a Soldier could not be awarded both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.
3. Army Personnel Command Message Number 99-100 (with a 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 policy.
4. Therefore, based on an exception to policy the applicant is authorized award of both the Armed Forces Service Medal (currently listed on his DD Form 214) and the Armed Forces Expeditionary Medal. Therefore, it would be appropriate to correct his DD Form 214 to reflect this award.
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 awarding the applicant the Armed Forces Expeditionary Medal and correcting his DD Form 214 to show this award.
_______ _ 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.
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