IN THE CASE OF:
BOARD DATE: 27 MAY 2009
DOCKET NUMBER: AR20090001281
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 Certificate of Release or Discharge from Active Duty (DD Form 214) dated 31 October 2007 be corrected to add his award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states, in effect, that he was awarded the AFEM in 1999 for his participation in Operation Joint Endeavor in Croatia, Yugoslavia and it was included on his DD Form 214 dated 18 May 2004. However, when he retired on 31 October 2007, it was not included on his DD Form 214.
3. The applicant provides a copy of orders awarding him the AFEM, a copy of his DD Form 214 dated 18 May 2004 and a copy of his DD Form 214 dated 31 October 2007.
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 was commissioned as a Regular Army second lieutenant on 11 June 1977 and served on active duty until he was honorably discharged in the rank of captain on 1 September 1988. He accepted a Reserve commission and was transferred to the United States Army Reserve (USAR) where he continued to serve. He was promoted to the rank of lieutenant colonel on 1 September 1995.
3. He was ordered to active duty in support of Operation Joint Endeavor on 17 June 1996. He served in Croatia from 10 July 1996 to 12 February 1997 and on 13 March 1997, he was honorably released from active duty due to completion of required service and was returned to the USAR.
4. MILPER Messages 99-100 and 99-10, date time group (DTG) 091605Z March 1999, announced the award of the AFEM for Operation Joint Endeavor and Operation Joint Guard.
5. The applicant was promoted to the rank of colonel on 8 December 2001 was again ordered to active duty on 19 May 2003, in support of Operation Enduring Freedom. He served until he was honorably released from active duty (REFRAD) due to completion of required service on 18 May 2004. His DD Form 214 issued at the time of his REFRAD reflects his award of the AFEM.
6. On 8 January 2006, he was ordered to active duty in support of Operation Enduring Freedom and served until he was honorably released from active duty due to completion of required service on 6 January 2007. On the following day, 7 January 2007, he was again ordered to active duty and he remained on active duty until he was REFRAD on 31 October 2007 and was transferred to the Retired List effective 1 November 2007. His DD Form 214 issued at the time of his retirement does not reflect his award of the AFEM.
7. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.
8. Section 572, National Defense Authorization Act (NDAA_ Fiscal Year 1998, November 1997, designated participation by service members in Operation Joint Endeavor (OJE) from 1 June 1992 to 19 December 1996 and Operation Joint Guard (OJG) from 20 December 1996 to 20 June 1998, in the Republic of Bosnia-Herzegovina as meeting the requirements for award of the AFEM. The AFEM is limited to only those participants in or those participants providing direct support to OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard United States Navy vessels operating in the Adriatic Sea and their respective airspaces.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 dated 31 October 2007 should be corrected to reflect the award of the AFEM has been noted and appears to have merit.
2. The applicant was awarded the AFEM for his participation in Operation Joint Endeavor in Croatia and it appears that an administrative oversight resulted in its omission from his DD Form 214.
3. Accordingly, it would be in the interest of justice to correct this administrative oversight by adding the award of the AFEM to his DD Form 214 dated 31 October 2007 at this time.
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 award of the AFEM to his DD Form 214 dated 31 October 2007.
_______ _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.
ABCMR Record of Proceedings (cont) AR20090001281
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