IN THE CASE OF:	  

		BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090004626 


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 her Joint Service Achievement Medal (JSAM) be upgraded to a Joint Service Commendation Medal (JSCM) and that she be awarded the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states, in effect, that neither of the requested awards are listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 (Certificate of Release or Discharge from Active Duty).  

3.  The applicant provides an award reconsideration request packet and an award memorandum in support of her 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 record shows she enlisted in the United States Army Reserve (USAR) on 11 March 1993 and she was trained in and awarded military occupational specialty (MOS) 94B (Cook).  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in
item 9 (awards, decorations & campaigns) that she has earned the following awards:  JSAM, National Defense Service Medal (NDSM), Army Service Ribbon (ASR), Army Achievement Medal (2nd Award), Army Reserve Components Achievement Medal (ARCAM), Noncommissioned Officer Professional Development Ribbon (NCOPDR), Armed Forces Reserve Medal (AFRM) with "M" (Mobilization) Device, North Atlantic Treaty Organization (NATO) Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Appointments and Reductions) shows she was promoted to sergeant (SGT) on 1 January 1997. 

4.  On 29 May 1997, while serving in the USAR, the applicant was ordered to active duty in support of Operation Joint Endeavor/Guard for service in Bosnia-Herzegovina.  Her record shows she served in Bosnia-Herzegovina from 14 June 1997 through 10 January 1998.  

5.  On 15 October 1997, while the applicant was serving as a civil affairs SGT with the Combined Joint Civil Military Task Force (CJCMTF), Bosnia-Herzegovina, the applicant's officer in charge (OIC) recommended her for the JSAM based on meritorious service during the period 18 June through 
31 December 1997.  On 17 October 1997, the commander, CJCMTF, a brigadier general, recommended the applicant's award be upgraded to a JSCM.  On 
15 November 1997, the award approval authority approved and awarded the applicant the JSAM for meritorious service from 18 June through 31 December 1997.  

6.  On 24 December 1997, a memorandum submitted on behalf of the CJCMTF commander requested reconsideration of the applicant's award and again requested she be awarded the JSCM.  There is no indication that this request was ever submitted or acted upon.  

7.  A 364th Civil Affairs Brigade Memorandum prepared in April 1997 includes a list of members who were deployed into Croatia and Bosnia and qualified for the Armed Forces Expeditionary Medal (AFEM) or Armed Forces Service Medal (AFSM).  The memorandum did not include authorization for both awards.  The applicant's name was included on the list. 


8.  On 27 January 1998, the applicant was honorably released from active duty and returned to her USAR unit after completing 7 months and 28 days of active military service during this period.  The DD Form 214 she was issued shows she served in Bosnia from 14 June 1997 through 10 January 1998.  The JSAM, ARSM, and NATO Medal are included in the list of awards contained in item 13.  

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 1-16 provides guidance on reconsideration/appeal of disapproved or downgraded awards.  It states, in pertinent part, that a request for reconsideration or the appeal of a disapproved or downgraded award recommendation must be placed in official channels within 1 year from the date of the awarding authority's decision.

10.  Paragraph 1-16 of the awards regulation further states that one-time reconsideration by the award approval authority will be conclusive.  Recommendations are submitted for reconsideration or appeal only if new, substantive, and material information is furnished.   Requests for reconsideration or appeal must be forwarded through the same official channels as the original recommendation.  The additional justification for reconsideration or appeal must be in letter format not to exceed two single-spaced typewritten pages.  A copy of the original recommendation with all endorsements and the citation must be attached.  If the original recommendation is not available, a new/reconstructed recommendation should be submitted. 

11.  Chapter 2, Section III of the awards regulation contains guidance on Department of Defense service Medals and ribbons.  Paragraph 2-12 contains guidance on award of the AFEM and states, in pertinent part, that it was authorized for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Bosnia-Herzegovina and Croatia from 1 June 1992 through 
20 June 1998.  

12.  Paragraph 2-21 of the awards regulation contains guidance on the AFSM and states, in pertinent part, that it may be authorized for significant United States military activities for which no other United States campaign or service medal is appropriate.  The AFSM provides recognition to participants who deploy to the designated area of eligibility for the qualifying operation.  The AFSM was authorized for Operations Joint Guard for the period 20 December 1996 through 20 June 1998, and for Operation Joint Forge for the period 21 July 1998 to a date to be determined.  


13.  Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorize award of both the AFSM and AFEM, as a onetime 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 to Bosnia-Herzegovina, aboard Naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 18 December 1906 (Operation Joint Endeavor) and during the period 20 December 1996 through 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.  

14.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for her JSAM to be upgraded to a JSCM was carefully considered.  However, there is insufficient evidence to support this request.  By regulation, requests for reconsideration or the appeal of a disapproved or downgraded award recommendation must be placed in official channels within 1 year from the date of the awarding authority's decision and must contain new substantive and material information.  The award approval authority decision on reconsiderations will be conclusive.

2.  The evidence of record confirms the applicant was properly recommended for the JSAM by her OIC and notwithstanding a recommendation from the task force commander to upgrade the award to a JSCM, the awards approval authority approved award of the JSAM originally recommended.  


3.  The record also contains a memorandum prepared on behalf of the task force commander on 24 December 1997, which requested reconsideration for award of the JSCM to the applicant.  There is no evidence regarding the processing of this memorandum, or even whether it actually had the support of the task force commander.  As a result, given the applicant's JSAM was never upgraded by the appropriate authority, it must be presumed this request was either denied by the awards approval authority, or was never submitted by the task force commander. In either case, the JSAM awarded the applicant was considered the appropriate level of recognition by the awards approval authority.  

4.  Absent any compelling evidence that the decision of the award approval authority was improper or inequitable, or that there was any error or injustice related to the processing of the original JSAM recommendation it would not be appropriate for the Board to substitute its judgment for that of the awards approval authority who acted within his/her regulatory discretionary authority.  

5.  While there is insufficient documentation and evidence for the Board to upgrade the applicant's approved JSAM to a JSCM, this in no way affects the applicant’s right to pursue his claim for award of the JSCM by submitting a request with an award recommendation and supporting evidence through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

6.  By regulation, the AFEM is authorized only for operations for which no other U.S. campaign or service medal is approved.  However, as a one-time exception, award of both the AFSM and AFEM was authorized for service in support of Operation Joint Endeavor and Operation Joint Guard in Bosnia-Herzegovina.  As a result, it would be appropriate to correct her record to show she is eligible for both the AFSM and AFEM based on her service in Bosnia-Herzegovina in support of Operations Joint Guard and Joint Endeavor, and to add the AFEM to her record and DD Form 214 at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she is eligible for award of both the AFSM and AFEM based on her service in support of Operations Joint Endeavor/Joint Guard in Bosnia-Herzegovina and by adding these awards to her record and DD Form 214 at this time.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrading her Joint Service Achievement Medal to a Joint Service Commendation Medal. 




      _______ _   _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)                                         AR20090004626



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ABCMR Record of Proceedings (cont)                                         AR20090004626


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