BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100015707
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 and the Overseas Service Ribbon be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 August 2000.
2. The applicant states he was stationed in Germany. He states he is missing the Armed Forces Expeditionary Medal for serving at Taszar Air Base in Hungary during Bosnia/Kosovo.
3. The applicant provides a copy of orders assigning him to the 1st Cavalry Division Replacement Detachment, Fort Hood, TX.
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 applicant enlisted in the Regular Army on 20 October 1999 for a period of 3 years. He had previously completed 3 years, 7 months, and 12 days of service in the Michigan Army National Guard that included 3 months and 15 days of initial active duty for training.
3. On 13 November 1999, the applicant was assigned to the 109th Transportation Battalion in Germany. On 2 December 1999, he was attached to A Company, U.S. Army Armor Center, Fort Knox, KY. On 6 March 2000, he was enroute to Fort Hood, TX.
4. On 11 August 2000, the applicant was released from active duty by reason of hardship. He had completed 9 months and 22 days of active service that was characterized as honorable.
5. 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. Among the operations listed for this award is the Former Republic of Yugoslavia - Operation Joint Forge - 21 June 1998 to a date to be determined.
6. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the Armed Forces Expeditionary Medal and the Overseas Service Ribbon should be added to his DD Form 214.
2. The applicant's official military personnel file (OMPF) does not show he was assigned to a unit at Taszar Air Base in Hungary. In addition, based on his period of service prior to returning to Fort Knox, he would not have met the
30-day requirement for the Armed Forces Expeditionary Medal. Therefore, there is insufficient evidence to show he was authorized the Armed Forces Expeditionary Medal.
3. The applicant's OMPF does not show he successfully completed an overseas tour. Therefore, he is not authorized the Overseas Service Ribbon.
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) AR20100015707
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