IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090005192
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 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Armed Forces Expeditionary Medal and that item 12f (Foreign Service) be corrected to show his period of service in Bosnia.
2. The applicant states, in effect, that he served in Bosnia between 30 May 1996 and 14 December 1996 and that while that service is documented in item 18 (Remarks) of his DD Form 214, it is not recorded in item 12f. He also states that his participation in Operation Joint Endeavor makes him eligible for the Armed Forces Expeditionary Medal which he received in December 1997. However, it was never record on his DD Form 214.
3. The applicant provides a copy of his 1997 DD Form 214, a copy of his January 1997 Officer Evaluation Report which was prepared as a result of his being relieved from active duty following participation in Operation Joint Endeavor, and a copy of a memorandum dated 6 December 1997 which confirms his entitlement to the Armed Forces Expeditionary Medal.
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. Records available to the Board indicate the applicant was a U.S. Army Reserve officer serving in pay grade O-5 at the time he was ordered to active duty on 10 May 1996 in support of Operation Joint Endeavor. His DD Form 214 confirms his deployment to Bosnia between 30 May 1996 and 14 December 1996, a period of 6 months and 15 days.
3. On 6 January 1997 the applicant was released from active duty upon completion of his required period of active service. Item 12f of his DD Form 214 reflects "0000 00 00" and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not reflect award of the Armed Forces Expeditionary Medal.
4. According to documents provided by the applicant, on 6 December 1997 the 352nd Civil Affairs Command in Riverdale, Maryland, issued a memorandum confirming the applicant's entitlement to the Armed Forces Expeditionary Medal based on his service in Operation Joint Endeavor.
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 635-5 (Separation Documents) stated that item 12f of the DD Form 214 would reflect "the total amount of foreign service completed during the period covered in item 12c."
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms the applicant deployed to Bosnia for a period of 6 months and 15 days in support of Operation Joint Endeavor between May and December 1996.
2. As a result of his deployment, he is entitled to the Armed Forces Expeditionary Medal.
3. Item 12f of the applicant's 1997 DD Form 214 should also be corrected to reflect "0000 06 15" to denote his period of foreign service during his period of active duty captured by the DD Form 214.
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:
a. by showing that he was awarded the Armed Forces Expeditionary Medal and
b. by amending item 12f of his 1997 DD Form 214 to show "0000 06 15" vice "0000 00 00" to reflect his foreign service in Bosnia.
_______ _ 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) AR20090005192
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