IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080016804
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM) for participation in Operation Joint Endeavor.
2. The applicant states, in effect, that she was discharged prior to the enactment of the recent Veterans' preference regarding award of the AFEM and AFSM for peacekeeping efforts in Bosnia. She states that according to the information provided, Bosnia, Herzegovina, Croatia, Italy, Hungary, and former Yugoslavia are entitled to AFSM for the same time frame as a Department of Defense exception to policy. She also states that she is currently a Federal employee and she must provide a DD Form 214 which shows the medals she earned.
3. The applicant provides a certificate for award of the Army Superior Unit Award and a memorandum, subject: Awarding the AFSM, dated 27 November 1996, with a by-name listing.
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 26 January 1995 for a period of 4 years with a 7-month extension. At the completion of basic training and advanced individual training, she was awarded military occupational specialty 92A (automated logistical specialist). She was assigned to Germany in July 1995. Her highest grade attained was specialist, E-4.
3. The applicant provided a memorandum, dated 27 November 1996, which shows her unit, 51st Maintenance Battalion, was authorized to wear the AFSM for their contributions in support of Operation Joint Endeavor. The listing shows the applicant's name and shows she was attached to the 574th Supply and Support Company and served in Bosnia from 23 December 1995 through 6 August 1996.
4. The applicant was honorably released from active duty on 25 August 1999. Her DD Form 214 shows the Army Lapel Button, the Army Achievement Medal (3rd Award), the Army Superior Unit Award, the National Defense Service Medal, the Army Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
5. Army Personnel Command Message Number 99-100 (with a date/time group of 121605Z March 1999) authorized award of both the AFSM and the AFEM, 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 contends that she was discharged prior to the enactment of Veterans' preference for award of the AFEM and AFSM for peacekeeping efforts in Bosnia.
2. Army Personnel Command Message Number 99-100 authorized award of both the AFSM and the AFEM, 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.
3. The memorandum provided by the applicant shows her unit, the 51st Maintenance Battalion, was authorized to wear the AFSM for support of Operation Joint Endeavor during the period 23 December 1995 through 6 August 1996.
4. The applicant served a period of qualifying service in Bosnia making her eligible for award of the AFEM and the AFSM. Therefore, her DD Form 214 should be amended to show both of these awards.
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 adding the AFEM and the AFSM to her DD Form 214.
__________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.
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