DOCKET NUMBER: AR20100023730
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 award of the Armed Forces Expeditionary Medal.
2. The applicant states he served in support of Operation Joint Endeavor with Peace Implementation Forces (IFOR) and he was redeployed in support of Operation Joint Guard with Peace Stabilization Forces (SFOR).
3. The applicant provides his DD Form 214 and a copy of a news release about the Armed Forces Expeditionary Medal approval for Operation Joint Endeavor and Operation Joint Guard.
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 10 November 1994. He completed initial entry training and he was awarded military occupational specialty 19D (cavalry scout). He was advanced to the pay grade E-4 on 1 January 1997.
3. He was honorably released from active duty on 9 November 1998 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed of 4 years of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows 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 (NATO) Medal
5. During the processing of this case, on 14 February 2011, the Defense Finance and Accounting Service (DFAS) confirmed through the Soldier's Master Military Pay Account (MMPA) he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from:
* 27 December 1995 through 31 December 1995 for Croatia
* 1 January 1996 through 24 August 1996 for Bosnia-Herzegovina
* 9 September 1996 through 16 November 1996 for 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. 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 period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 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:
The available evidence shows the applicant served during a qualifying period of service in Bosnia-Herzegovina in support of Operation Joint Endeavor. Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.
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 the Armed Forces Expeditionary Medal to his 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) AR20100023730
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