IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090017345 


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 the Armed Forces Expeditionary Medal (AFEM) and Iraq Campaign Medal (ICM) be added to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he should have been awarded the AFEM for his service in Bosnia in 1994-1995; however, he left the unit before it received the award.  He also claims he was to receive the ICM for his service in Iraq.  Both these awards were not included on his DD Form 214.

3.  The applicant provides DD Forms 214 issued in 1997 and 2005 and definitions of the awards in question 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 he enlisted in the Regular Army (RA) and entered active duty on 4 February 1994, and was trained in and awarded military occupational specialty 63S (Heavy Vehicle Mechanic).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Bosnia from 19 January through 15 November 1996.  A DA Form 638 (Recommendation for Award) on file that resulted in his receiving a Certificate of Achievement confirms he served in support of Operation Joint Endeavor.

4.  On 3 September 1997, the applicant was honorably released from active duty (REFRAD) at the completion of his required active service, in the rank of specialist/E-4, after completing 3 years and 7 months of active military service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant on 
3 September 1997 shows he shows he earned the following awards:

* Armed Forces Service Medal (AFSM)
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM) 
* Army Good Conduct Medal (AGCM) 
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR) 
* Overseas Service Ribbon (OSR) (2nd Award)
* NATO (North Atlantic Treaty Organization) Medal
* Army Superior Unit Award (ASUA)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Driver and Mechanic Badge with Driver (W) Bar

6.  On 25 September 1997, the applicant enlisted in the Army National Guard (ARNG).

7.  On 27 December 2003, while serving in the ARNG, the applicant was ordered to active duty in support of Operation Iraqi Freedom.

8.  The applicant's record contains a DA Form 2166-8 (NCO Evaluation Report) covering the period January through November 2004.  This document evaluated the applicant as a heavy vehicle mechanic with the 178th Field Artillery Regiment, Tallil, Iraq.

9.  On 19 March 2005, the applicant was honorably REFRAD at the completion of his required active service after completing 1 year, 2 months, and 23 days of active duty service during the period.  The DD Form 214 he was issued shows he served in Kuwait and Iraq from 24 February 2004 through 17 February 2005.

10.  Item 13 of the DD Form 214 issued to the applicant on 19 March 2005 shows he earned the following awards:

* ARCOM (5th Award)
* AAM (2nd Award)
* ASUA
* AGCM
* NDSM
* AFEM
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* AFSM
* Global War on Terrorism Service Medal (GWOTSM)
* ASR
* OSR (2nd Award)
* NATO Medal (Yugoslavia)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Driver and Mechanic Badge

11.  During the processing of this case, a member of the Board staff contacted the applicant via electronic mail (e-mail) message to confirm the applicant wished to be awarded the ICM in lieu of the GWOTEM he already received.

12.  On 1 June 2010, the applicant responded with an e-mail message confirming he wished to be awarded the ICM in lieu of the already awarded GWOTEM.

13.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 contains guidance on the AFEM.  It states it is authorized for participation in designated U.S. military operations, U.S. military operations in direct support of United Nations, and U.S. operations of assistance for friendly foreign nations.  Tables 2-2, 2-3 and 2-4 list AFEM qualifying operations which include service in the Former Republic of Yugoslavia (Operations Joint Endeavor and Joint Guard) during the period from 1 June 1992 through 20 June 1998.

14.  Paragraph 2-17 contains guidance on the ICM.  It states it is authorized for service in direct support of Operation Iraqi Freedom in Iraq for 30 consecutive or 60 non-consecutive days from 19 March 2003, to a date to be determined.  It further states members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  A bronze service star shall be worn on the suspension and campaign ribbon of the ICM for each Iraq campaign they were credited with participating in.  Approved designated ICM campaigns are the Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was awarded the AFEM and this award is included in the list of awards contained on his 19 March 2005 DD Form 214.  However, the award does not identify the area for which it was awarded and is not listed on the DD Form 214 he was issued on 3 September 1997.

2.  Absent any evidence showing the applicant served in another operation that authorized the AFEM, it is presumed the AFEM listed on his 2005 DD Form 214 is based on his service in support of Operation Joint Endeavor in the Former Republic of Yugoslavia-Bosnia.  Therefore, it would be appropriate to amend item 13 of his 2005 DD Form 214 by adding (Former Republic of Yugoslavia-Bosnia) to the AFEM entry.  It would also be appropriate to amend item 13 of his 1997 DD Form 214 by adding the entry AFEM (Former Republic of Yugoslavia-Bosnia).

3.  The applicant's contention he should be awarded the ICM has also been carefully considered and found to have merit.  By regulation, any member previously qualified for the GWOTEM for service in Iraq may request to be awarded the ICM in lieu of the GWOTEM.  Therefore, given the applicant has requested to be awarded the ICM for his service in Iraq in lieu of the already awarded GWOTEM, it would be appropriate to add the ICM to his record and DD Form 214, and to remove the already awarded GWOTEM.  In addition, he is eligible for 2 bronze service stars with his ICM based on his participation in the Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005).

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows:

	a.  amend item 13 of his 1997 DD Form 214 by adding the Armed Forces Expeditionary Medal (Former Republic of Yugoslavia-Bosnia); and

	b.  amend item 13 of his 2005 DD Form 214 by adding (Former Republic of Yugoslavia-Bosnia) to the existing Armed Forces Expeditionary Medal entry, by adding the Iraq Campaign Medal with 2 bronze service stars and removing the Global War on Terrorism Expeditionary 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)                                         AR20090017345



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ABCMR Record of Proceedings (cont)                                         AR20090017345



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