IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090015538 


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 by showing award of the Army Superior Unit Award (ASUA) for Operation Joint Endeavor and the Valorous Unit Award (VUA) for service during Desert Storm.

2.  The applicant states that he had already departed his units of assignment prior to their awards of the VUA and the ASUA.

3.  The applicant provides a copy of Operation Order 95-425 in support of his 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 that he enlisted in the Regular Army on 30 July 1987 and was commissioned and entered active duty on 30 January 1992.

3.  Permanent Orders 290-015, Headquarters, 5th Battalion, 62d Air Defense Artillery, dated 10 October 1991, show that the applicant received a Driver and Mechanic Badge with W Bar for the period his assignment from 19 October 1990 through 25 March 1991.

4.  Operation Order 95-425, Headquarters, Task Force Eagle, shows that the 141st Signal Battalion, to which the applicant was assigned, was directed to deploy to Bosnia-Herzegovina in support of Operation Joint Endeavor on or about 14 December 1995.

5.  The applicant's record shows he was awarded the NATO Medal for service to the Former Yugoslavia from 9 January 1996 and 19 November 1996.

6.  Item 18 (Remarks) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his foreign service in Southwest Asia from 15 September 1990 to 30 March 1991 and in Bosnia from 9 June 1996 to 19 November 1996.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:  Driver and Mechanic Badge with W Bar, Army Commendation Medal, Army Achievement Medal (6th Award), Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Armed Forces Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), NATO Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge (Tank Weapons), and Parachutist Badge.

8.  A query of the unit award database maintained by U.S. Army Human Resources Command shows the 5th Battalion, 11th Air Defense Artillery Brigade, 62d Air Defense Artillery was approved for award of the Valorous Unit Award for the period 17 January 1991 through 1 March 1991 by Department of the Army General Orders Number 27, dated 27 December 1994.

9.  A query of the unit award database maintained by U.S. Army Human Resources Command shows the 141st Signal Battalion, 1st Armored Division, was approved for award of the ASUA for the period 15 October 1995 through November 1996 by Department of the Army General Order Number 25, dated 8 June 2001.

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).

12.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides, in pertinent part, that the Armed Forces Service Medal (AFSM) may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility or (2) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

13.  U.S. Army Personnel Command Message Number 99-100, dated 121605Z March 1999, authorized award of both the AFSM and the AFEM as a one-time exception to DOD and Service policy for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina and/or 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 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.


DISCUSSION AND CONCLUSIONS:

1.  General orders show the 5th Battalion, 11th Air Defense Artillery Brigade, 62d Air Defense Artillery, was awarded the VUA while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show this unit award.

2.  General orders show the 141st Signal Battalion was awarded the ASUA in support of Operation Joint Endeavor while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record shows that the applicant served in the Former Republic of Yugoslavia (Bosnia-Herzegovina) while assigned to the 141st Signal Battalion in support of Operation Joint Endeavor.  Therefore, he is entitled to correction of his record to show award of the AFEM.

BOARD VOTE:

__X____  ___X____  ____X___  GRANT FULL RELIEF 

____ ___  ___ _____  ____ ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ _____  ___ ____  ___ ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 be corrected by adding the Valorous Unit Award, Army Superior Unit Award, and Armed Forces Expeditionary Medal to the applicant's DD Form 214.



      __________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)                                         AR20090015538



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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