BOARD DATE: 22 October 2009
DOCKET NUMBER: AR20090007388
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a campaign medal for her service in Bosnia.
2. The applicant states that she served in Bosnia during 1996-1997 and 1998-1999.
3. The applicant provides, in support of her application, a copy of her DD Form 214.
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 applicant retired from the Regular Army as a sergeant first class, pay grade E-7.
3. The applicant served in the Republic of Korea from 17 June 1985 to 7 August 1986.
4. The applicant served in Bosnia/Herzegovina from 12 December 1996 to
13 June 1997.
5. The applicant served in Croatia from 4 October 1998 to 16 April 1999.
6. On 30 September 2000, the applicant was retired for length of service. She had completed a total of 21 years, 6 months and 9 days of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists her awards as the Meritorious Service Medal, Army Commendation Medal (five awards), Army Achievement Medal (three awards), [Army] Good Conduct Medal (4 awards), National Defense Service Medal, Armed Forces Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral "3," Overseas Service Ribbon with Numeral "4," North Atlantic Treaty Organization (NATO) Medal, Army Superior Unit Award, Air Force Training Ribbon, Air Force Good Conduct Medal, Air Force Commendation Medal, and the Air Force Outstanding Unit Award.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for 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).
9. Army Regulation 600-8-22 provides, in pertinent part for award of the Korea Defense Service Medal. The regulation specifies criteria for the award of the Korea Defense Service Medal as follows:
a. service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;
b. the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; and
c. service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she should be awarded a campaign medal for service in Bosnia.
2. Records show that the applicant served a qualifying period of service for award of the Armed Forces Expeditionary Medal in addition to the Armed Forces Service Medal for his service in Bosnia. She is also eligible for award of the Korea Defense Service Medal. Therefore, these two awards should be shown on her 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 by
showing that in addition to the awards shown on her DD Form 214 her authorized awards include the Armed Forces Expeditionary Medal and the Korea Defense Service 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) AR20090007388
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