IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013655
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 entitlement to the Armed Forces Expeditionary Medal (AFEM) in lieu of the Armed Forces Service Medal (AFSM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as appropriate.
2. He states the AFSM was authorized during the period he was assigned to the Former Republic of Yugoslavia (Bosnia-Herzegovina) in support of Operation Joint Guard. However, the AFEM was later authorized for the same period of service he served in Bosnia in support of Operation Joint Guard.
3. He provides a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC ordered the applicant's U.S. Army Reserve (USAR) unit, the 310th Psychological Operations Command, Support Element 1, Forest Park, GA, to active duty in support of Operation Joint Guard, effective 10 July 1997. He subsequently deployed and served in Bosnia from 26 July 1997 to 23 February 1998.
3. On 5 March 1998, the applicant was honorably released from active duty after completing 7 months and 26 days of active service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the AFEM; however, it does show award of the AFSM. Additionally, Item 18 (Remarks) shows he served in Bosnia in support of Operations Joint Endeavor/Guard from 26 July 1997 to 23 February 1998.
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the 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 to friendly foreign nations. Qualifying service for this award included 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).
5. Army Personnel Command Message Number 99-100, Date/Time Group 121605Z March 1999, authorized award of both the AFSM and the AFEM 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 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the AFEM.
2. The evidence of record shows the applicant served in the Former Republic of Yugoslavia (Bosnia-Herzegovina) in support of Operation Joint Guard. Based on his service in support of Operation Joint Guard he qualified for award of both the AFSM and the AFEM. Therefore, he is entitled to correction of his DD Form 214 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 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 adding to item 13 of his DD Form 214 for the period ending 5 March 1998 the Armed Forces 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) AR20100013655
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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