BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090002963
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 her 1999 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Armed Forces Expeditionary Medal.
2. The applicant states she deployed with the 30th Medical Brigade in support of Operation Joint Endeavor between January and October 1996 but her DD Form 214 does not reflect award of the Armed Forces Expeditionary Medal awarded for that operation.
3. The applicant provides a copy of her 1999 DD Form 214, a copy of a medical treatment form associated with her redeployment health screen, and a copy of her DA Form 2-1 (Personnel Qualification Record-Part II) confirming her assignment with the 30th Medical Brigade.
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. On 3 August 1994, the applicant entered active duty as a Regular Army enlisted Soldier. In May 1995, following completion of training, she was assigned to the 30th Medical Brigade in Germany.
3. Information obtained from the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay for the period January through October 1996 while deployed to Bosnia-Herzegovina (Former Republic of Yugoslavia).
4. In December 1996, the applicant departed Germany enroute to Fort Huachuca, Arizona. On 2 August 1999, she was released from active duty at the completion of her enlistment contract. Her service was characterized as honorable. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 notes the applicant was awarded the Army Good Conduct Medal, and she was entitled to the National Defense Service Medal, Army Service Ribbon, Army Lapel Button, and Overseas Service Ribbon.
5. 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. The regulation notes that Soldiers deployed in Bosnia-Herzegovina and Croatia between 1 June 1992 and 20 June 1998 as part of Operations Joint Endeavor and Joint Guard are entitled to the award.
6. Army Regulation 600-8-22 also provides that the Armed Forces Service 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. The regulation notes that Soldiers deployed in Bosnia-Herzegovina and Croatia between 20 November 1995 and 19 December 1996 as part of Operation Joint Endeavor are entitled to the award.
7. 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.
DISCUSSION AND CONCLUSIONS:
The evidence available to the Board confirms the applicant deployed to Bosnia-Herzegovina in support of Operation Joint Endeavor between January and October 1996 and as such is entitled to the Armed Forces Expeditionary Medal and the Armed Forces Service Medal. Her 1999 DD From 214 should be corrected accordingly.
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 and the Armed Forces Service Medal to item 13 of her 1999 DD Form 214 confirming her deployment in support of Operation Joint Endeavor.
_______ _ __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.
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