IN THE CASE OF:	

		BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090020601 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal and that she served in Bosnia-Herzegovina in support of Operations Joint Endeavor/Guard.

2.  The applicant states the 1st Infantry Division assumed peace enforcement responsibilities in Bosnia-Herzegovina in support of Operation Joint Endeavor/Guard and that she was with B Company, 601st Aviation Support Battalion.

3.  The applicant provides a copy of her DD Form 214, a Department of Defense News Release about the Armed Forces Expeditionary Medal, and a Task Force Eagle Certificate of Appreciation.

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 active duty military personnel records were not available for review.  The records available to the Board were contained in the interactive Personnel Electronic Records Management System (iPERMS) and those provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's military records show she enlisted in the Regular Army on 4 May 1995.  She was awarded military occupational specialty 92Y (unit supply specialist).  The highest rank/grade she held was specialist (SPC)/E-4.

4.  The applicant was honorably released from active duty on 3 May 1998 after completing 3 years of active service this period.

5.  Item 18 (Remarks) of the applicant's DD Form 214 contains no entry indicating she served in Bosnia-Herzegovina during this period of service.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

7.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.
8.  Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the Task Force Eagle Certificate of Appreciation provided by the applicant, the Board starts its consideration with a presumption of regularity, that what the Army did was correct.  The burden of proving otherwise is the responsibility of the applicant.  

2.  While the certificate indicates the applicant served in support of Operation Joint Endeavor/Guard, there is insufficient corroborating evidence to show she was actually in Bosnia-Herzegovina in support of Operation Joint Endeavor/Guard for a qualifying period of service.  As such, in the absence of orders deploying and redeploying her from Bosnia-Herzegovina, there is insufficient evidence to award the applicant the Armed Forces Expeditionary Medal or to warrant amending item 18 of her DD Form 214 to show she was deployed to Bosnia-Herzegovina.

3.  In view of the foregoing, there is insufficient basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20090020601



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ABCMR Record of Proceedings (cont)                                         AR20090020601



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