IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021236 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 July 1997 be amended to include the:

* Meritorious Service Medal with 1st Oak Leaf Cluster
* Armed Forces Expeditionary Medal
* Army Superior Unit Award
* Korea Defense Service Medal

2.  The applicant states these awards were either not entered on his 
DD Form 214 or were not approved until after his separation from the Army.

3.  The applicant provides copies of:

* a DA Form 638 (Recommendation for Award) dated 17 December 1996
* temporary duty (TDY) orders for Operation Joint Endeavor
* his travel claim for travel to Bosnia
* a certificate and a memorandum dated 4 September 1997 for the Army Superior Unit Award 
* assignment orders for the Republic of Korea


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 personnel records show he enlisted in the Regular Army on 21 June 1977 and served continuously until he retired.  
 
3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea from 9 March 1982 to 4 March 1983.

4.  On 28 July 1995, the applicant was assigned to Company A, 1st Battalion, 
10th Special Forces Group in Germany.

5.  TDY orders 07-016, issued on 2 July 1996, by 1st Battalion, 10th Special Forces Group show he was deployed in support of Operation Joint Endeavor.

6.  On 31 July 1997, the applicant was retired and transferred to the Retired List the following day.  He had completed 20 years, 1 month, and 
10 days of active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 
DD Form 214 shows he was awarded the Meritorious Service Medal.  Item 13 does not show the remaining awards requested by the applicant.

7.  The DA Form 638, dated 17 December 1996, shows Headquarters, U.S. Army Europe and 7th Army Permanent Order Number 177-20, dated 26 June 1997, awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster.





8.  The memorandum, dated 4 September 1997, from C Company, 1st Battalion, 10th Special Forces Group (Airborne) notified the applicant he earned the Army Superior Unit Award while attached to the 1st Armored Division in Bosnia Herzegovina.

9.  An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), dated 26 April 2010, confirmed the applicant received hostile fire/imminent danger pay from 15 July 1996 through 2 October 1996 for Bosnia Herzegovina.

10.  Army Regulation 600-8-22 (Military Awards) provides for the award of the Armed Forces Expeditionary Medal 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 the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  

11.  Table 2-3 of Army Regulation 600-8-22 lists designated U.S. military operations in direct support of the United Nations and the dates of eligibility for award of the Armed Forces Expeditionary Medal.  Operation Joint Endeavor is among the designated military operations and the dates of eligibility are from 
1 June 1992 to 20 June 1998.  Only participants who were deployed in Bosnia Herzegovina are eligible.

12.  Army Regulation 600-8-22 states the Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  This 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, the contiguous waters 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 his DD Form 214 should include the:

* Meritorious Service Medal with 1st Oak Leaf Cluster
* Armed Forces Expeditionary Medal
* Army Superior Unit Award
* Korea Defense Service Medal

2.  Headquarters U.S. Army Europe and 7th Army awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster.  

3.  The applicant's TDY orders and the email from DFAS show he was deployed in Bosnia Herzegovina during the dates of eligibility for the Armed Forces Expeditionary Medal.  Therefore, the applicant is authorized this medal.

4.  The memorandum from the applicant's unit commander shows while the applicant was attached to 1st Armored Division, Bosnia the unit was awarded the Army Superior Unit Award.  Therefore, he is authorized this award.

5.  The applicant served in the Republic of Korea for 12 months after 28 July 1954.  Therefore, he is authorized the Korea Defense Service Medal.

6.  All of the above awards should be included in item 13 of the applicant's 
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 amending item 13 of his DD Form 214 with a separation date of 31 July 1997 to show he was awarded or is authorized the:

* Meritorious Service Medal with 1st Oak Leaf Cluster
* Armed Forces Expeditionary Medal
* Army Superior Unit Award
* 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)                                         AR20090021236



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ABCMR Record of Proceedings (cont)                                         AR20090021236



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