BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100021450
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 his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states the AFEM was approved in March 1999 for those who participated in support of Operation Joint Endeavor. He claims he served in support of Operation Joint Endeavor from June 1996 through February 1997 and was separated prior to approval of the award.
3. The applicant provides a Department of Defense News Release, dated 23 March 1999, 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The record shows the applicant was ordered to active duty in support of Operation Joint Endeavor on 5 June 1996 while serving in the Alabama Army National Guard.
3. The record further shows that during this active duty tour, he served in the following countries for the periods indicated:
* Germany, 17-20 June 1996
* Hungary/Bosnia/Croatia, 1 July 1996-27 January 1997
* Germany, 27-29 January 1997
4. On 12 February 1997, the applicant was honorably released from active duty and returned to his Army National Guard unit upon completion of his required active service. The DD Form 214 he was issued at the time shows he completed 8 months and 8 days of active duty service during the period. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not include the AFEM in the list of earned awards.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-12 contains guidance on the AFEM. It states it is authorized for members who participated in one of the following three categories of operations for 30 consecutive or 60 nonconsecutive days or for the full period of the operation:
* U.S. military operations
* U.S. operations in direct support of the United Nations
* U.S. operations of assistance for friendly foreign nations
6. Table 2-3 of Army Regulation 600-8-22 contains a list of designated U.S. military operations in direct support of the United Nations that qualify for award of the AFEM. Included in this list is service in the former Republic of Yugoslavia (deployed to Bosnia/Herzegovina/Croatia) in support of Operation Joint Endeavor between 1 June 1992 and 20 June 1998.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the AFEM should be added to his record and DD Form 214 based on his service in support of Operation Joint Endeavor has been carefully considered and found to have merit.
2. By regulation, the AFEM is authorized to members who served in support of Operation Joint Endeavor and were deployed to Bosnia/Herzegovina/Croatia during the period between 1 June 1992 and 20 June 1998.
3. The evidence of record confirms the applicant was ordered to active duty in support of Operation Joint Endeavor. It further shows he was deployed to Hungary/Bosnia/Croatia where he served from 1 July 1996 through 27 January 1997. Therefore, the AFEM-Bosnia/Herzegovina/Croatia should be added to his record and DD Form 214.
BOARD VOTE:
___x_____ __x______ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 "AFEM-BOSNIA/HERZEGOVINA/CROATIA" to item 13 of his 12 February 1997 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) AR20100021450
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ABCMR Record of Proceedings (cont) AR20100021450
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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