IN THE CASE OF:
BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100013836
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Armed Forces Expeditionary Medal (AFEM)
2. The applicant states, in effect, he served in Bosnia with Regimental Headquarters and Headquarters Troop (RHHT), 2nd Armored Cavalry Regiment (ACR) during the period 14 August 1997 through 4 July 1998. The AFEM was erroneously omitted from his DD Form 214.
3. The applicant 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. The applicants records show he enlisted in the U.S. Army Reserve in the Delayed Entry Program (DEP) on 13 December 1995. He was released from DEP status and enlisted in the Regular Army on 17 July 1996 for a period of 4 years. After completion of basic combat and advanced individual training he was awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist).
3. On 21 January 2000, he reenlisted for an additional 3 years while assigned to RHHT, 2nd ACR, Fort Polk, LA.
4. Item 18 (Remarks) of his DD Form 214 shows he served in Bosnia. An email transmission between the ABCMR staff and Defense Finance and Accounting Service (DFAS) confirms he received Hostile Fire and Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exemption (CZTE) for Bosnia from 3 October 1997 through 4 July 1998.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the following:
* Armed Forces Service Medal (AFSM)
* Army Lapel Button
* Army Good Conduct Medal (Second Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
6. Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award of both the AFSM and 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 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.
7. Award of the Global War on Terrorism Service Medal (GWOTSM) is authorized to Soldiers who have participated in or served in support of Global
War on Terrorism operations outside of the designated area of operations. A Soldier must have served 30 consecutive, or 60 nonconsecutive days.
8. A brief review of the history of the 2nd ACR shows, in pertinent part, the 2nd ACR deployed to Bosnia in support of Operation Joint Guard for peacekeeping operations in 1997.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the AFEM for his service in Bosnia was carefully considered and was found to have merit.
2. His records show he served in Bosnia during the period 3 October 1997 through 4 July 1998 in support of Operation Joint Guard and he was awarded the AFSM. An Army Personnel Command Message authorized award of both the AFSM and AFEM for this period of service. Therefore, he is entitled to award of the AFEM and correction of his records to show this award.
3. The evidence of record shows that the applicant served on active duty for more than 30 consecutive days subsequent to 11 September 2001. Therefore, he is entitled to award of the GWOTSM and correction of his records to show this service medal.
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 the Armed Forces Expeditionary Medal and Global War on Terrorism Service Medal to item 13 of his 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) AR20100013836
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ABCMR Record of Proceedings (cont) AR20100013836
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