BOARD DATE:	  27 August 2009

		DOCKET NUMBER:  AR20090003889 


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 records be corrected to show foreign service in support of Operation Joint Endeavor and award of the Armed Forces Expeditionary Medal.

2.  The applicant states he was deployed in support of Operation Joint Endeavor to Hungary, Croatia, and Bosnia-Herzegovina from 11 January through 18 April 1996.  However, this service and his entitlement to the Armed Forces Expeditionary Medal are not recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides copies of his DD Form 214 and a Memorandum for Record.

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 served on active duty in the Regular Army from 13 October 1992 through 11 April 1999.

3.  His iPERMS (integrated Personnel Electronic Records Management System) file contains very little documentation of his period of service, duty assignments.  It only contains award orders for only the applicant's two Good Conduct Medals.

4.  A Headquarters, 440th Signal Battalion, Memorandum for Record, dated 17 April 1996. states the applicant was deployed in support of Operation Joint Endeavor from 11 January through 18 April 1996.  He served in Hungary
(14 - 29 January), Croatia (29-30 January 1996), and Bosnia- Herzegovina (30 January through 18 April 1996). 

5.  His DA Form 2-1 (Personnel Qualification Record) provides the following pertinent information:

	a.  service in Germany from 20 May 1993 through 19 May 1996 with service in Bosnia from 14 January through 18 April 1996; and

	b.  his authorized awards are the Army Service Ribbon, the National Defense Service Medal, the Armed Forces Service Medal, the NATO Medal, the Army Good Conduct Medal, the Army Achievement Medal, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  His DD Form 214 lists his awards as the Army Lapel Button, the Army Achievement Medal, the Good Conduct Medal (2nd award), the National Defense Service Medal, the Armed Forces Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, the Overseas Service Ribbon, the NATO Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the applicant's pay records shows he received hostile fire pay from 1 January through 30 April 1996.

8.  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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Operation Joint Endeavor is a listed operation for which the Armed Forces Expeditionary Medal is authorized.

9.  Army Regulation 635-5 (Separation Documents), as now in effect, provides the following pertinent directions for completing the DD Form 214.  It states that, at Block 18 (Remarks), entry of the following statement is mandatory for denoting foreign service in an area for which hostile fire pay or imminent danger pay is authorized:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was deployed in support of Operation Joint Endeavor to Hungary, Croatia, and Bosnia-Herzegovina from 11 January through 18 April 1996 but this service and his entitlement to the Armed Forces Expeditionary Medal are not recorded on his DD Form 214.

2.  The applicant's period of service during Operation Joint Endeavor from 11 January through 18 April 1996 is not recorded on his DD Form 214.  It is appropriate to correct the record to reflect this period of service.  

3.  The applicant is shown to have served in support of Operation Joint Endeavor from 11 January through 18 April 1996.  Based on this period of service it is appropriate to award the applicant the Armed Forces Expeditionary Medal.

4.  Additionally, the applicant is shown to have been awarded the Army Service Ribbon.  This award is not listed on his DD Form 214.  

5.  Based on the above facts and findings, it is appropriate to correct the DD Form 214 to show that, in addition to the awards shown on the DD Form 214, his authorized awards include the Armed Forces Expeditionary Medal and the Army Service Ribbon and to correct the DD Form 214, at block 18, to show the entry "SERVICE IN HUNGARY, CROATIA, AND BOSNIA- HERZEGOVINA IN SUPPORT OF OPERATION JOINT ENDEAVOR FROM 11 JANUARY THROUGH 18 APRIL 1996."

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:

	a.  showing that, in addition to the awards shown on the DD Form 214, his authorized awards include the Armed Forces Expeditionary Medal and the Army Service Ribbon; and

	b.  including at block 18 on the DD Form 214, the entry "SERVICE IN HUNGARY, CROATIA, AND BOSNIA- HERZEGOVINA IN SUPPORT OF OPERATION JOINT ENDEAVOR FROM 11 JANUARY THROUGH 18 APRIL 1996."



      _______ _   __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)                                         AR20090003889





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ABCMR Record of Proceedings (cont)                                         AR20090003889



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