IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100030065
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 that he be awarded the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he served in Bosnia from January to October 1996 and the AFEM was awarded for this period of service; however, he had already left active duty.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 28 December 1993 for a period of 4 years, training as an infantryman and an $8,000 enlistment bonus. He completed his training as a fighting vehicle infantryman at Fort Benning, Georgia and was transferred to Baumholder, Germany for assignment to Company A, 2d Battalion, 6th Infantry Regiment.
3. He deployed to Bosnia with his unit in support of Operation Joint Endeavor/Joint Guard from 4 January to 16 October 1996.
4. On 27 December 1997, he was honorably released from active duty due to completion of required active service. He had completed 4 years of active service and his DD Form 214 shows he was awarded the Army Achievement Medal (1st OLC), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Superior Unit Award, Driver and Mechanic Badge with Driver-T Bar, Armed Forces Service Medal and the North Atlantic Treaty Organization (NATO) Medal.
5. Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the AFEM, 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 periods 1 June 1992 to
19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to
20 June 1998 (Operation Joint Guard).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the AFEM for his service in Bosnia has been noted and appears to have merit. The applicant served in Bosnia during a qualifying period for award of the AFEM.
2. Accordingly, it would be appropriate to award him the AFEM at this time and to add the award to his 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 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 awarding him the AFEM and adding it 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) AR20100030065
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ABCMR Record of Proceedings (cont) AR20100030065
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