IN THE CASE OF:	

		BOARD DATE:	  9 April 2009

		DOCKET NUMBER:  AR20080014979 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 January 1998 be corrected to add the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states that he served more than 30 consecutive days in Bosnia-Herzegovina.

3.  The applicant provides his DD Form 214 and a U.S. Department of Defense (Public Affairs) news release dated 23 March 1999.

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 while a member of the Massachusetts Army National Guard (MAARNG) he was ordered to active duty in support of Operation Joint Endeavor/Guard on 15 May 1997. 

3.  On 3 December 1997, a DA Form 638 (Recommendation for Award) was completed recommending the applicant for award of the Massachusetts Medal of Merit.  In the award recommendation it was stated that the applicant participated in Operation Joint Endeavor while a member of Battery E, 101st Field Artillery.

4.  On 11 January 1998, the applicant was honorably released from active duty and returned to his MAARNG unit.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the AFEM.  It does show he was awarded the Armed Forces Service Medal (AFSM).  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Hungary from 970604 to 970608, in Croatia from 970608 to 970610, in Bosnia from 970610 to 971220, and in Hungary from 971220 to 971228.

5.  Army Regulation 600-8-22 provides, in pertinent part, for award of the AFEM 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 requirement 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 non-consecutive days provided this support involves entering the area of operations.  The regulation also provides that the AFEM 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.  Table 2-3 of this regulation shows that individuals who deployed in Bosnia-Herzegovina and Croatia from 1 June 1992 to 20 June 1998 are authorized award of the AFEM for Operation Joint Endeavor and Joint Guard.

6.  U. S. Total Army Personnel Command (PERSCOM), message date time group 081615Z March 1996, subject:  Establishment of the Armed Forces Service Medal and Award for Operations Relating to the Former Republic of Yugoslavia, noted the Chairman, Joint Chiefs of Staff, approved award of the Armed Forces Service Medal to U. S. military participants in operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard relating to the Former Republic of Yugoslavia.

7.  PERSCOM, message date time group 121605Z March 1999, subject:  Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard, noted that the Secretary of Defense approved award of the AFEM, in addition to the AFSM, to certain participants of Operation Joint Endeavor as a one-time exception to Department of Defense and Service policies.  The one-time exception is to permit the award of the two medals for the same operation and period of service.  

DISCUSSION AND CONCLUSIONS:

The evidence of record conclusively show that the applicant served in Bosnia-Herzegovina during the time such service was authorized award of both the AFEM and the AFSM.  As such, it would be appropriate to now add this award to his DD Form 214.

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 him the AFEM and adding this award to item 13 of his DD Form 214 for the period ending 11 January 1998.



      __________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)                                         AR20080014979



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014979



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1