IN THE CASE OF:	  

		BOARD DATE:	        5 May 2009

		DOCKET NUMBER:  AR20090001732 


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 his records to show all awards and decorations that he is entitled to receive as a result of his service in Bosnia from 7 January to 8 April 1996 in support of Operation Joint Endeavor.  

2.  The applicant states, in effect, that he was separated prior to approval of various medals and decorations for Operation Joint Endeavor. 

3.  The applicant provides a copy of an All Army Activities (ALARACT) Message, dated 10 July 1996, subject: Awards and Decorations Information Relating to Operation Joint Endeavor, in support of his application:

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 records show he enlisted in the Regular Army for a period of 4 years on 28 May 1992.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13F (Fire Support Specialist).  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 27 May 1996.

3.  The applicant’s records also show he served in Germany from 6 September 1994 to 11 May 1996.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 3rd Field Artillery Regiment. 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Achievement Medal (2nd Oak Leaf Cluster), the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Bosnia from 7 January 1996 to 8 April 1996.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (Only for participants deployed to Bosnia-Herzegovina and Croatia).

7.  Army Regulation 600-8-22 provides, in pertinent part for award of the Armed Forces Service Medal.  The Armed Forces Service Medal is awarded to members of the Armed Forces of the United States who, after 1 June 1992 participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  The Armed Forces Service Medal may be authorized for the significant United States military activities for which no other United States campaign or service medal is appropriate, such as peacekeeping operations and/or prolonged humanitarian operations.  The Armed Forces Service Medal may be awarded for U.S. military operations in direct support of the United Nations (UN) or the North Atlantic Treaty Organization (NATO), and for operations of assistance to friendly foreign nations.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations or meet the following criteria: (1)  While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive) flying sorties into, out of, within, or over the area in direct support of the military operations; and (2) One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit.

8.  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.

9.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of specific NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear (a) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (b) Operations related to Kosovo (13 October 1998 to a date to be determined); (c) Operation Eagle Assist (12 October 2001 to 16 May 2002);       (d) Operation Active Endeavor (26 October 2001 to a date to be determined);    (e) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and (f) Operations in the Balkans (1 January 2003 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to additional awards and decorations as a result of his service in Bosnia from 7 January 1996 to 8 April 1996 in support of Operation Joint Endeavor.  

2.  The evidence of record shows the applicant served in Bosnia from 7 January to 8 April 1996 in support of Operation Joint Endeavor which is a designated NATO operation or mission that was approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  Any reasonable doubt concerning his eligibility for award of this medal (i.e., whether he did or did not serve under the command and control of NATO) should be resolved in his favor.  Therefore, he is entitled correction of his records to show this award.  

3.  The evidence of record shows the applicant served a qualifying period in Bosnia, during Operation Joint Endeavor, for award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal which are not shown on his records; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal and correction of his records to show 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 NATO Medal, the Armed Forces Expeditionary Medal, and the Armed Forces Service Medal to his DD Form 214.




      _______ _   __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)                                         AR20090001732



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ABCMR Record of Proceedings (cont)                                         AR20090001732



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