IN THE CASE OF:
BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090002817
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states, in effect, that his DD Form 214 does not show award of the AFEM he was authorized for his service in Bosnia.
3. The applicant provides a copy of his DD Form 214, two pages of a Standard Form 600 (Health Record), and a copy of his Stabilization Force (SFOR) identification badge in support of this 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 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's record shows he enlisted in the Regular Army on 17 September 1996.
3. The applicant submitted a copy of a Standard Form 600, Chronological Record of Medical Care - Operation Joint Endeavor (OJE) Redeployment of Standard Form 600 Medical Screening, dated 22 October 1997, which shows in item 1 that he served in the theater of operations for OJE from 15 March 1997 to 24 October 1997.
4. The applicant submitted a copy of his SFOR identification badge which was issued by the 38th Personnel Services Battalion and expired on 27 December 1997.
5. On 16 September 2000, the applicant was honorably released from active duty after completing 4 years of active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the Armed Forces Service Medal (AFSM), the Army Lapel Button, the Army Good Conduct Medal, the Army Service Ribbon, and the North Atlantic Treaty Organization Medal during his active duty tenure.
6. 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. Qualifying service for this award included 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 Personnel Command Message Number 99-100 with the 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 and/or 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 he is entitled to award of the AFEM.
2. The evidence of record shows that the applicant served in the Former Republic of Yugoslavia (Bosnia-Herzegovina) in support of Operation Joint Endeavor. Therefore, he is entitled to correction of his record to show award of the AFEM.
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 amending item 13 of his DD Form 214, dated 16 September 2000, to show award of the AFEM.
_____________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) AR20090002817
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ABCMR Record of Proceedings (cont) AR20090002817
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