IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100018120
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 7 months of foreign service in Bosnia and award of the Armed Forces Expeditionary Medal (AFEM) for participation in support of Operation Joint Forge.
2. He states:
a. He believes the reason for the error regarding his overseas service is the fact that he was out-processing when he returned from Bosnia.
b. He believes the reason for the error regarding him not receiving the AFEM is the fact that his DD Form 214 does not show any overseas time and the medal was not authorized for this operation until after he was discharged.
3. He provides a copy of his DD Form 214 in support of his application.
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 August 1995.
3. Permanent Orders Number 131-358, dated 13 May 1998, show he was awarded the Army Good Conduct Medal (First Award) for the period 29 August 1995 through 28 August 1998.
4. He was released from active duty on 28 August 1999. Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.
5. His DD Form 214 does not show the AFEM as an authorized award.
6. In a 22 November 2010 email, the Defense Finance and Accounting Service (DFAS) informed a staff member that the applicant received hostile fire pay (HFP)/Imminent Danger Pay (IDP) and Combat Zone Tax Exemption (CZTE) for the period 31 August 1998 through 15 March 1999 for Bosnia-Herzegovina.
7. Military Personnel Message Number 99-157 implemented the policy to allow award of either the AFEM or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the AFEM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia. Award of the Armed Forces Service Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary. Unlike the AFEM and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge, under any circumstance.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military pay records at DFAS indicate he received HFP/IDP and CZTE for Bosnia-Herzegovina during the period 31 August 1998 through 15 March 1999, which is a period of 6 months and 14 days. However, his DD Form 214 does not show any foreign service. His military pay records are accepted as sufficient as a basis to amend his DD Form 214 to show his foreign service in Bosnia.
2. Based on the correction in paragraph 1, above, he served a period of qualifying service in Bosnia for award of the AFEM and correction of his DD Form 214 to show this award.
3. Orders show he was awarded the Army Good Conduct Medal (First Award); therefore, this award should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending item 12f of his DD Form 214 to show 6 months and 14 days of foreign service; and
b. amending his DD Form 214 by adding the AFEM and the Army Good Conduct Medal (First Award).
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing 7 months of foreign service.
_______ _ _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) AR20100018120
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018120
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012948
Military Personnel (MILPER) Message Number 13-325, issued 30 October 2013, subject: Campaign, Expeditionary, and Service Medals for the Former Republic of Yugoslavia, states the area of eligibility for the AFEM would mirror that of the Kosovo Campaign Medal with the addition of Bosnia-Herzegovina, Croatia, and Hungary. Based on the evidence of his service in Bosnia, his DD Form 214 for the period ending 2 September 2002 should be corrected to show 6 months and 13 days of foreign service. ...
ARMY | BCMR | CY2011 | 20110016897
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal (KCM) is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE), this included Albania. As a result, the Board recommends that...
ARMY | BCMR | CY2014 | 20140000762
Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * Army Achievement Medal (AAM) (2nd Award) 2. The evidence of record shows he served in Bosnia in support of...
ARMY | BCMR | CY2011 | 20110016970
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to: * Show his foreign service in Bosnia from 13 June to 1 October 1998 * Show awards of the Armed Forces Service Medal, Armed Forces Expeditionary Medal, and the North Atlantic Treaty Organization (NATO) Medal 2. The applicant provides: * His June through September 1998 LES' that show he received hostile fire pay (HFP) during those 4 months * A certificate for award of the NATO Medal...
ARMY | BCMR | CY2015 | 20150000395
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Armed Forces Expeditionary Medal * his deployment to Bosnia 2. The applicant states: * award of the Armed Forces Expeditionary Medal is not shown on his DD Form 214 * he was deployed to the Former Republic of Yugoslavia in support of Operation Joint Forge between 21 June 1998 and 2 December 2004 * there was an error in the transcription from his Enlisted Record...
ARMY | BCMR | CY2014 | 20140005965
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Acceptance of the NATO Medal has been approved for U.S. military personnel who served under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 14 November 1995 through a date to be...
ARMY | BCMR | CY2011 | 20110013303
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal and North Atlantic Treaty Organization (NATO) Medal for his foreign service in Bosnia-Herzegovina. He also states members of his unit were awarded the Armed Forces Expeditionary Medal and NATO Medal for this period of time; however, they are not reflected on his DD Form 214. Therefore, he is not entitled to correction of his DD...
ARMY | BCMR | CY2013 | 20130005325
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployed service in an unspecified combat zone. Item 12f (Foreign Service) of her DD Form 214 shows she served 3 years and 10 months of foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Amending item 13 of her DD Form 214 to add the AFEM; and b. Amending item 18 of her DD Form 214 to...
ARMY | BCMR | CY2011 | 20110002180
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. The applicants DA Form 638 shows he was awarded the Army Achievement Medal for service in support of Operation Joint Guard during the period 9 February to 17...
ARMY | BCMR | CY2014 | 20140004018
He was awarded the AGCM (1st Award) for the period 9 May 1995 through 8 May 1998. b. d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (2nd Award) for the period 9 May 1998 through 8 May 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (2nd Award) for the period 9 May 1998 through 8 May 2001 (Standard Name Line: SGT...