BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016322
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 award of the Armed Forces Expeditionary Medal for participation in Operation Joint Endeavor in Bosnia.
2. He states the Armed Forces Expeditionary Medal is missing from his DD Form 214 (Certificate of Release or Discharge from Active Duty) because it was not authorized until 1999 by the Secretary of Defense. He was discharged in 1998 and he needs this award added to his DD Form 214 to allow him veterans preference for a government job.
3. He provides the following documents:
* a Peace Implementation Force (IFOR) identification card
* a DD Form 214WS (DD Form 214 Worksheet)
* two DA Forms 638 (Recommendation for Award)
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 14 February 1994. His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from
29 June 1994 to 28 June 1997.
3. His DA Form 638, dated 28 September 1996, shows he was awarded the Army Commendation Medal for meritorious achievement as a Bradley Fighting Vehicle Driver during Operation Joint Endeavor for the period 26 December 1995 to 1 November 1996.
4. His second DA Form 638, undated, shows he was awarded the Army Commendation Medal as an end of tour award. Block 20 (Achievements) indicates he was deployed as part of Operation Joint Endeavor as an M2A2 driver from December 1995 to November 1996.
5. In a 5 December 2010 email, a Defense Finance and Accounting Service (DFAS) official informed a staff member of the Board that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) during the following periods:
* 3 December 1994 through 8 May 1995 for Macedonia (no CZTE)
* 1 December 1995 through 31 December 1995 for Bosnia-Herzegovina
* 2 January 1996 through 13 July 1996 for Croatia
* 1 August 1996 through 17 November 1996 for Bosnia-Herzegovina
6. He was honorably released from active duty on 13 August 1998. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Armed Forces Expeditionary Medal as an authorized award.
7. Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, 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 periods 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 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 applicants two DA Forms 638 show he was awarded the Army Commendation Medal for service in support of Operation Joint Endeavor during the period December 1995 to November 1996.
2. His military pay records at DFAS show he received HF/IDP and CZTE from 1 December 1995 through 31 December 1995 and from 1 August 1996 through 17 November 1996 for Bosnia-Herzegovina.
3. His DA Forms 638 and military pay records are accepted as a sufficient basis to award him the Armed Forces Expeditionary Medal and the Armed Forces Service Medal and correction of his DD Form 214 to show these awards.
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 the Armed Forces Expeditionary Medal and the Armed Forces 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) AR20100016322
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ABCMR Record of Proceedings (cont) AR20100016322
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