IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110000058 


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 DA Form 2-1 (Personnel Qualification Record – Part II) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of the Armed Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM).

2.  The applicant states the AFSM was inadvertently omitted from his records and the AFEM was approved after he was on terminal leave.  The U.S. Postal Service has denied his application credit for Bosnia for the period 15 May 1997 through 1 November 1997 for lack of evidence.

3.  The applicant provides:

* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated 6 February 1997
* DA Form 1695 (Oath of Extension of Enlistment), dated 6 February 1997
* DA Form 3340-R (Request for Regular Army Reenlistment or Extension), dated 28 August 1997
* DD Form 4 (Enlistment/Reenlistment Document) with allied documents, dated 5 September 1997
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period 1 March 1997 through 31 December 1997
* DA Form 638 (Recommendation for Award), dated 17 November 1998
* Meritorious Service Medal Certificate, dated 18 February 1999
* DD Form 214 for the period ending 30 June 1999
* Standard Form 813 (Verification of a Military Retiree's Service in Nonwartime Campaigns or Expeditions), dated 11 December 2002
* memorandum from the U.S. Postal Service, dated 8 September 2003

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 DA Form 2-1 is not maintained or updated subsequent to a Soldier's discharge or retirement from active duty.  Therefore, the applicant's request to have this form corrected will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 14 March 1977 and served continuously until his retirement on 30 June 1999.

4.  The DD Form 214 issued at the time of his retirement covers the period 6 February 1981 to 30 June 1999.  Item 12f (Foreign Service) shows 6 years, 5 months, and 16 days and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* Army Achievement Medal (3rd Award)
* Bronze Star Medal
* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon


* Overseas Service Ribbon (4th Award)
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait
* Aircraft Crewman Badge
* Air Assault Badge

5.  He provides the following:

	a.  a request for extension and oath of extension to meet the service remaining requirement (SRR) for an assignment to Bosnia signed and executed on 6 February 1997;

	b.  an oath of extension executed while assigned to Company D, 519th Military Intelligence Battalion, Eagle Base, Bosnia, dated 27 August 1997;

	c.  reenlistment documents which show he was assigned to Bosnia as of 5 September 1997;

	d.  his NCOER for the period 1 March 1997 through 31 December 1997 which contains bullet comments referencing his deployment to Bosnia;

	e.  his approved retirement award recommendation and certificate which show he served as first sergeant of Company D, 311th Military Intelligence Battalion, during an 8-month deployment to Bosnia; and

	f.  a letter of denial for campaign or expeditions credit from the U.S. Postal Service and a copy of his Standard Form 813 both indicating his service in Bosnia was not creditable as a wartime campaign.

6.  The applicant's Defense Finance and Accounting Service pay record shows he received hostile fire/imminent danger pay and combat zone tax exclusion from 14 August 1997 through 24 October 1997.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia Operations Joint Endeavor and Joint Guard during the period 1 June 1992 to 20 June 1998.

	b.  The AFSM 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:

		(1)  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.

		(2)  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 in duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.

8.  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 periods 
1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 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:

1.  The applicant requests correction of his DD Form 214 to show award of the AFEM and AFSM.

2.  A review of his official pay records confirmed he received special combat pay from 14 August 1997 to 24 October 1997 for Bosnia; therefore, he served a qualifying period for the award of the AFEM and AFSM, and his DD Form 
214 should be corrected to show these awards.



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 of 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 add the AFEM and AFSM.



      ___________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)                                         AR20110000058



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ABCMR Record of Proceedings (cont)                                         AR20110000058



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