BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012634 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal and the Army Superior Unit Award.

2.  The applicant states both of these awards were authorized after he completed his tour of duty in Bosnia-Herzegovina but his personnel records were not updated.

3.  The applicant provides his DD Form 214; permanent orders 12-134; General Orders Number 15; and a printout of Public Law 105-85, section 572 in support of this 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 military records show he enlisted in the U.S. Army Reserve on 14 January 1992.  He was awarded the military occupational specialty of visual information equipment operator-maintainer.

3.  The applicant entered active duty in support of Operation Joint Endeavor on 14 December 1995 and was released from active duty due to completion of required active service after completing 8 months and 15 days of active duty service on 28 August 1996.

4.  Item 18 (Remarks) of his DD Form 214 for the period shows he served in an imminent danger pay area from 11 January to 23 July 1996 for a total of 6 months and 13 days.  This document shows he was assigned to the 209th Public Affairs Detachment
 .  It also lists the Armed Forces Service Medal among his decorations and medals awarded or authorized.

5.  Headquarters, United States Infantry School Permanent Orders 12-134, dated 20 December 1995, show that the 209th Public Affairs Detachment was scheduled to be deployed to Bosnia-Herzegovina in support of Operation Joint Endeavor effective 14 December 1995.  An extract of the unit roster attached as an annex to these orders contained the applicant's name among those deploying with the unit.

6.  A memorandum, subject: Orders 12-134 dated 20 December 1995, with a date of 27 July 1996, shows the unit to which the applicant was assigned at the time was relieved from attachment to the 1st Armored Division.

7.  General Orders Number 15, dated 11 April 1997, show Task Force Eagle (1st Armored Division and Participating Units) was awarded the Army Superior Unit Award while serving in Bosnia-Herzegovina for the period 10 April 1994 to 7 November 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

9.  Military Personnel Message (MILPER) Number 99-100 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 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).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

10.  Army Regulation 600-8-22 states the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

DISCUSSION AND CONCLUSIONS:

1.  Available evidence shows the applicant served for a qualifying period of active service in Bosnia-Herzegovina in support of Operation Joint Endeavor during the period 11 January to 23 July 1996.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

2.  General orders awarded the unit to which the applicant was attached at the time the Army Superior Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 amending his DD Form 214 by adding the Armed Forces Expeditionary Medal and the Army Superior Unit Award.



      _______ _   _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)                                         AR20090012634



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ABCMR Record of Proceedings (cont)                                         AR20090012634



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