IN THE CASE OF:	  

		BOARD DATE:	  13 January 2009

		DOCKET NUMBER:  AR20080016199 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and decorations to which he is entitled. 

2.  The applicant states that his current DD Form 214 is missing the Armed Forces Expeditionary Medal (AFEM) with bronze star (bronze service star), the Presidential Unit Citation, and the Army Meritorious Unit Commendation.

3.  The applicant provides a copy of his DD Form 214; a copy of two award certificates for the North Atlantic Treaty Organization (NATO) Medal; a copy of a list of names from Company D, 440th Signal Battalion, of those personnel scheduled to receive the Armed Forces Service Medal (AFSM); and a copy of Military Personnel (MILPER) Message 99-128, in support of his request.

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 record shows he enlisted in the Regular Army on 10 November 1994.  He was trained as a light wheel vehicle mechanic in military occupational specialty 63B.  He served continuously until he was honorably discharged on 12 June 2002.

3.  The applicant’s DD Form 214 shows he was awarded the AFSM, the Army Lapel Button, the Army Achievement Medal (2nd Award), the Army Superior Unit Award, the NATO Medal, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  His DD Form 214 does not show any additional awards.

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) is unavailable for review.

5.  The applicant provided a copy of a memorandum, dated 4 November 1996, subject:  Armed Forces Service Medal, recommending award of the AFSM and NATO Medal for those Soldiers from Company D, 440th Signal Battalion, who deployed to Germany, Hungary, Croatia, and Bosnia between 10 December 1995 and 1 December 1996.  The applicant's name is listed on the memorandum for service in Hungary, Croatia, and Bosnia during the period from 12 January 1996 to 1 December 1996.  These awards are both shown on his DD Form 214.

6.  The applicant provided a copy of two certificates which show he was awarded the NATO Medal for service with NATO in operations in relation to the Former Yugoslavia during the period 6 January 1996 to 1 December 1996 and from 13 May 1998 to 28 August 1998 while deployed to Bosnia-Herzegovina, Croatia, and Hungary.

7.  22nd Signal Brigade Permanent Orders 246-2, dated 3 September 1998, awarded the applicant the Army Achievement Medal for exceptionally meritorious service and in support of Operation Joint Guard (OJG) and Operation Joint Forge (OJF) from 21 May 1995 to 30 October 1998.

8.  Army Regulation 600-8-22 (Military Awards) 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.  Qualification for this award includes the requirements to be a bona fide member in a unit engaged in the operation or service 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.

9.  The same regulation states that the AFEM will be awarded only for operations for which no other U.S. campaign medal is approved.  However, this does not prevent award eligibility for subsequent on-going operations if the associated campaign medal has been terminated.  No individual will be eligible for both the AFEM and a campaign medal awarded during a single tour in the designated operation.  For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service.  The military service of the service member on whom qualification for the award of the AFEM is based will have been honorable.

10.  Army Regulation 600-8-22 lists the designated U.S. military operations, areas, and dates for eligibility for award of the AFEM.  The regulation states, in pertinent part, that service in the Former Republic of Yugoslavia-OJE and OJG from 1 June 1992 to 20 June 1998 (only for participants deployed in Bosnia-Herzegovina and Croatia) and service in the Former Republic of Yugoslavia-OJF from 21 June 1998 to a date to be determined qualifies individuals for award of the AFEM.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the AFSM for qualifying service after 1 June 1992 in U.S. military operations in direct support of the United Nations or NATO, and for operations of assistance to friendly foreign nations.  Qualification for this award includes the requirements to be a bona fide member in a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations or 60 nonconsecutive days provided this support involves entering the area of operations.  For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service.  The military service of the service member on whom qualification for the award of the AFEM is based will have been honorable.  One bronze service star is worn to denote second and subsequent awards of the AFSM.  To be eligible for additional awards, service must be rendered in more than one designated area and period of service; no two awards will be made for service in the same designated area.

12.  Army Regulation 600-8-22 provides for award of the NATO Medal for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.  Qualifying periods of service for the NATO Medal are either 30 days (continuous or accumulated) in the territory and airspace of the former Republic of Yugoslavia and the Adriatic sea, or 90 days (continuous or accumulated) in the area of operations outside the former Republic of Yugoslavia and Adriatic sea.  This regulation also states that U.S. military personnel will affix a bronze service star to the NATO Medal to show a subsequent award for service in a different NATO operation.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded to units for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

14.  Army Regulation 600-8-22 also provides that effective 1 March 1961 the Meritorious Unit Commendation is authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding service for at least 6 continuous months in support of military operations.

15.  MILPER Message 96-098 established the AFSM for operations relating to the former Republic of Yugoslavia.  Commander, U.S. Total Army Personnel Command (PERSCOM) message, 171655Z October 1997, announced award of the AFSM to U.S. military participants in OJG in the former Republic of Yugoslavia from 20 December 1966 to a date to be determined (later established as 20 June 1998).  It was awarded to U.S. military forces deployed in, or in direct support of OJG.  Solders must be bona fide members of a unit participating for one or more days in OJG.

16.  MILPER Message 99-100 states that section 572 of the National Defense Authorization Act for fiscal year 1998 designated participation by service members in OJE from 20 November 1995 to 19 December 1996 and OJG from 20 December 1966 to 20 June 1998 in the Republic of Bosnia-Herzegovina as meeting the requirements for award of the AFEM.  The Secretary of Defense approved award of the AFEM in addition to the AFSM to certain participants of OJE and OJG 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.  The AFEM is limited to only those participants in, or those providing direct support to, OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard U.S. naval vessels operating in the Adriatic Sea, and their respective air spaces.  The Service member must be a bona fide member of a unit participating for 1 or more days in OJE or OJG within the designated area of eligibility to qualify for the AFEM.
17.  There is no evidence and the applicant has provided none to show that his unit earned the Presidential Unit Citation or the Meritorious Unit Commendation while serving on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to correction of his records to show multiple awards of the AFEM, the Presidential Unit Citation, and the Army Meritorious Unit Commendation was carefully considered and determined to have partial merit.

2.  The evidence indicates the applicant was awarded the AFSM and NATO Medal for his service in Hungary, Croatia, and Bosnia (the latter two countries being part of the Former Republic of Yugoslavia) during the period from 12 January 1996 to 22 November 1996 (i.e., during OJE).

3.  The evidence shows the applicant also received recognition for his service with NATO on operations in relation to the Former Yugoslavia during the period from 13 May 1998 to 28 August 1998 (i.e., during OJG).  Therefore, he is entitled to a second award of the AFSM for this service.

4.  MILPER Message 99-100 states that the Secretary of Defense approved award of the AFEM in addition to the AFSM to certain participants of OJE and OJG 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.  Therefore, he is entitled to award of the AFEM for his OJE service and to a second award of the AFEM for his OJG service.

5  The applicant was awarded the AFSM for providing direct support to OJF while deployed to Hungary, Croatia, and Bosnia.  According to regulatory authority, no service member will be awarded both the AFEM and the AFSM for his or her participation or direct support of OJF under any circumstance.  Therefore, the applicant is not entitled to an additional award of the AFEM for his OJF service.

6.  Although the applicant's DD Form 214 shows award of the NATO Medal, the evidence shows he was awarded the NATO Medal for service with NATO in operations in relation to the Former Yugoslavia during the period 6 January 1996 to 1 December 1996 and from 13 May 1998 to 28 August 1998 while deployed to Bosnia-Herzegovina, Croatia, and Hungary.  Therefore, he is entitled to correction of his records to show award of the NATO Medal with one bronze service star.

7.  The applicant's DA Form 2-1 is unavailable; therefore, his complete record of active duty unit assignments is unknown.  The applicant has provided no evidence to show that his unit was awarded the Presidential Unit Citation or the Meritorious Unit Commendation while serving on active duty.  Therefore, he is not entitled to correction of his records to show these awards.

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 NATO Medal with one bronze service star, the AFEM with one bronze service star, and the AFSM with one bronze service star 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 award of the Presidential Unit Citation and the Meritorious Unit Commendation.



      ____________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)                                         AR20080016199



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ABCMR Record of Proceedings (cont)                                         AR20080016199



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