IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100028954
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 award of the Armed Forces Service Medal for service in support of Operation Provide Promise for Multi-National Humanitarian Relief in Bosnia-Herzegovina.
2. He states he was stationed in Zagreb, Croatia with the United Nations. This medal was awarded after his separation from the military.
3. He provides no additional documents.
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 14 May 1991.
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
* Item 5 (Oversea Service) he served in Germany from 7 April 1992 through 6 June 1994; no entry for service in Bosnia-Herzegovina
* Item 9 (Awards, Decorations and Campaigns) no entry for award of the Armed Forces Service Medal
4. He was honorably released from active duty on 19 April 1995. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the period 10 February 1993 through 25 April 1993 for service in Yugoslavia (Bosnia-Herzegovina).
6. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:
* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:
* 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration)
* 60 nonconsecutive days provided this support involves entering the area of eligibility
8. Table 2-5 of Army Regulation 600-8-22 shows the Armed Forces Service Medal was authorized for U.S. military operations in support of Operation Provide Promise for the period 20 November 1995 to 19 December 1996.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed the applicant received HF/IDP and CZTE from 10 February 1993 through 25 April 1993 for service in Yugoslavia (Bosnia-Herzegovina).
2. By regulation, the Armed Forces Service Medal was authorized for military operations in support of Operation Provide Promise during the period
20 November 1995 to 19 December 1996. Since he was not in Bosnia-Herzegovina during this period, he is not eligible for award of this service medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X_____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100028954
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ABCMR Record of Proceedings (cont) AR20100028954
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