IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100022454
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 be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 October 1998.
2. The applicant states he served in Bosnia in support of Operation Joint Guard from August 1997 to September 1998.
3. The applicant provides his DD Form 214.
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 applicant enlisted in the Regular Army on 26 October 1994 for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).
3. His official military personnel file contains a certificate of appreciation presented to him for his outstanding contribution in the former Republic of Yugoslavia from 13 August 1997 to 23 June 1998 during Operation Joint Guard.
4. On 25 October 1998, he was released from active duty. He completed 4 years of active service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* Armed Forces Service Medal
* Army Achievement Medal
* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal
5. An email from the Defense Finance and Accounting Service (DFAS), dated 14 January 2011, states the applicant received hostile fire/imminent danger pay from 20 August 1997 through 20 June 1998 for service in Bosnia-Herzegovina.
6. 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.
7. Table 2-4 of Army Regulation 600-8-22 lists designated U.S. military operations in direct support of the United Nations and the dates of eligibility for award of the Armed Forces Expeditionary Medal. Operations Joint Endeavor and Joint Guard in the former Republic of Yugoslavia are among the designated military operations. The dates of eligibility are from 1 June 1992 to 20 June 1998.
DISCUSSION AND CONCLUSIONS:
The certificate of appreciation shows he participated in Operation Joint Guard in the former Republic of Yugoslavia from 13 August 1997 to 23 June 1998. The email from DFAS shows he received hostile fire/imminent danger pay for service in Bosnia-Herzegovina during the period 20 August 1997 through 20 June 1998. According to table 2-3 of Army Regulation 600-8-22, the Armed Forces Expeditionary Medal is authorized for participants in Operation Joint Guard. Therefore, there is sufficient evidence to show he is authorized the Armed Forces Expeditionary Medal.
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 amending item 13 of his DD Form 214 to show he is authorized 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) AR20100022454
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ABCMR Record of Proceedings (cont) AR20100022454
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