IN THE CASE OF:
BOARD DATE: 14 July 2009
DOCKET NUMBER: AR20090002879
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 award of the Armed Forces Expeditionary Medal.
2. The applicant states that he is eligible for this award based on his service in Bosnia in support of Operation Joint Endeavor from 12 December 1995 to 1 May 1996.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 August 1996; a copy of his DA Form 67-8 (U.S. Army Officer Evaluation Report) for the period from 2 June 1995 through 1 June 1996; a copy of his DA Form 638 (Recommendation for Award), dated 14 April 1996, showing award of the Army Commendation Medal; and a copy of Orders 33-1, issued by Headquarters, 14th Military Police Brigade, on 11 August 1996, 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 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 applicants records show he was appointed as a Signal Corps second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 18 May 1991. He subsequently entered active duty on 19 September 1991, completed various training courses, and served in various command and staff positions. He was honorably released from active in the rank of captain on 2 August 1996 and transferred to the USAR Control Group (Reinforcement).
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Armed Forces Service Medal, the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Overseas Service Ribbon with Numeral 2, and the Parachutist Badge.
4. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Bosnia from 12 December 1995 to 1 May 1996.
5. 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).
6. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Bosnia from 12 December 1995 to 1 May 1996 in support of Operation Joint Endeavor which is a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his records to show this award.
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 Armed Forces Expeditionary 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) AR20090002879
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ABCMR Record of Proceedings (cont) AR20090002879
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