BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003371 


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 record and DD Form 214 (Certificate of Release of Discharge from Active Duty) to add award of the Global War on Terrorism Service Medal (GWOTSM) and Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he qualifies for the GWOTSM based on his active duty service after 11 September 2001 and for the AFEM based on his service on the border of Macedonia and Kosovo during Operation Joint Forge.

3.  The applicant provides regulatory extracts and a list of operations qualifying for the AFEM in support of his application.

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 applicant's record shows he enlisted in the Regular Army on 16 January 1991.  He was trained in and awarded military occupational specialty (MOS) 95B (Military Police).

3.  The applicant's record shows he was assigned to and served with Headquarters, Command/Support Group, Allied Forces Southern, Naples, Italy, from 29 October 1996 through 18 September 1999.  His record is void of any indication he was deployed to the Former Republic of Yugoslavia or that confirms his service in support of Operation Joint Endeavor and/or Operation Joint Guard.

4.  On 20 December 2002, the applicant was discharged under honorable conditions in the rank of staff sergeant/E-6 after completing 11 years, 9 months, and 26 days of creditable active military service.  The DD Form 214 he was issued shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Joint Service Commendation Medal
* Army Commendation Medal
* Joint Service Achievement Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Kosovo Campaign Medal
* Armed Forces Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* North Atlantic Treaty Organization Medal
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars
* USAF Security Police Basic Qualification Badge

5.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain a deployment entry confirming service in support of Operation Joint Endeavor and/or Operation Joint Guard.  A review of his Defense Finance and Accounting Service (DFAS) pay record shows he never received imminent danger pay/hostile fire pay for any deployed area during his active duty tenure.



6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 contains guidance on the AFEM.  It states it is authorized 
for participation in designated U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly operations.  In order to qualify for the AFEM, service members must be bona fide members 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.  Table 2-3 of Army Regulation 600-8-22 contains a list of designated U.S. military operations in direct support of the United Nations that qualify for the AFEM.  Included in this list are the Former Republic of Yugoslavia Operations Joint Endeavor and Joint Guard for the period 1 June 1992 through 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia.

8.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on the GWOTSM.  It states it is authorized for 30 consecutive or 60 nonconsecutive days of active duty service in support of the Global War on Terror outside of an area of eligibility (AOE) for the Global War on Terrorism Expeditionary Medal (GWOTEM) on or after 11 September 2001 through a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the GWOTSM and AFEM be added to his record and DD Form 214 has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant completed the necessary qualifying active duty service outside of an AOE for the GWOTEM on or after 11 September 2001.  As a result, it would be appropriate to add this award to his record and DD Form 214.

3.  The applicant's request to add the AFEM to his record and DD Form 214 has also been carefully considered.  However, although his DD Form 214 shows he was awarded the Kosovo Campaign Medal (indicating he was deployed to the Former Republic of Yugoslavia even though not verified by DFAS records), the AFEM was authorized only for members deployed to Bosnia-Herzegovina or Croatia.   Absent evidence showing he was deployed to or participated in operations in Bosnia-Herzegovina or Croatia, there is an insufficient evidentiary basis to support granting this portion of the requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x_  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the GWOTSM to his record and DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the AFEM.



      ___________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)                                         AR20110003371



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003371



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1