IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002180
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. He states he believes this medal should be added to his DD Form 214 because he served in support of Operation Joint Guard for 10 months in Bosnia.
3. He provides his DD Form 214 and a DA Form 638 (Recommendation for Award).
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 29 May 1997. His DA Form 2-1 (Personnel Qualification Record), item 5 (Oversea Service), does not show any foreign service.
3. His DA Form 638, dated 24 February 1998, shows he was awarded the Army Achievement Medal for meritorious achievement while deployed in support of Operation Joint Guard with Medical Task Force 261 for the period 9 February to 17 April 1998.
4. In a 13 July 2011 email, a Defense Finance and Accounting Service (DFAS) official informed a staff member of the Board that the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 5 February through 28 September 1998 for service in Bosnia-Herzegovina.
5. He was honorably released from active duty on 30 April 1999. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Armed Forces Expeditionary Medal.
6. 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 applicants DA Form 638 shows he was awarded the Army Achievement Medal for service in support of Operation Joint Guard during the period 9 February to 17 April 1998.
2. His military pay records at DFAS show he received HFP/IDP and CZTE from 5 February through 28 September 1998 for Bosnia-Herzegovina.
3. His DA Forms 638 and military pay records are accepted as a sufficient basis to award him the Armed Forces Expeditionary Medal and the Armed Forces Service Medal and correction of his DD Form 214 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 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 and the Armed Forces Service Medal to item 13 of 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) AR20110002180
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