IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100016635
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 correction of his record to show he was awarded the Army Commendation Medal (ARCOM) and the Armed Forces Expeditionary Medal (AFEM).
2. He states he earned the ARCOM, but it is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He further states he served in Bosnia during Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG) and believes he should be awarded the AFEM for this service.
3. He provides copies of his DD Form 214, a DA Form 638 (Recommendation for Award), and information on the AFEM from a website.
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 29 July 1994 and he was released from active duty on 28 July 1998. He completed 4 years of active military service.
3. His DA Form 2-1 (Personnel Qualification Record) shows two entries in item 5 (Oversea Service) indicating he served in Bosnia. The first entry shows a period of service from 12 January through 25 October 1996. The second entry shows a "from" date of 14 March 1997 but does not show a "thru" date.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he received the ARCOM or AFEM, but does show he received the Armed Forces Service Medal (AFSM) and North Atlantic Treaty Organization (NATO) Medal.
5. The DA Form 638 provided by the applicant shows he was recommended for award of the ARCOM for the period 6 December 1994 to 3 December 1996. Among other achievements, the recommendation cites his service in support of OJE in Bosnia-Herzegovina. On 3 February 1997, the award was approved as announced in Permanent Order Number 2-064, issued by Headquarters,
2d Brigade, 1st Armored Division, on 5 February 1997.
6. Military Personnel Message (MILPER) Number 99-100 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 OJE and OJG 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 (OJE) and 20 December 1996 to
20 June 1998 (OJG). The exception also allowed only one award of each service medal for service in either or both OJE and OJG.
DISCUSSION AND CONCLUSIONS:
1. The evidence supports the applicant's request for correction of his DD Form 214 to show award of the ARCOM and the AFEM.
2. Permanent orders announced the applicant's award of the ARCOM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. He was awarded the AFSM for his service in Bosnia; however, both the AFSM and AFEM were authorized during the period he served. 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 the Army Commendation Medal and 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) AR20100016635
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ABCMR Record of Proceedings (cont) AR20100016635
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