BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003641 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served in support of Operations Joint Endeavor/Guard within the Bosnia-Herzegovina theater of operations and that he be awarded the Armed Forces Expeditionary Medal (AFEM) for his participation in those operations.  

2.  The applicant states that while his DD Form 214 shows his service in Hungary and Croatia, it does not reflect that he served in support of Operations Joint Endeavor/Guard within the Bosnia-Herzegovina theater of operations, which he needs for obtaining a veterans preference.  Additionally, he should have been awarded the AFEM for that service. 

3.  The applicant provides:
* A copy of his DD Form 214
* A copy of orders deploying his unit to Hungary in support of Operation Joint Endeavor
* A copy of orders deploying him to Croatia in support of Operation Joint Endeavor
* A copy of Title 10 United States Code, section 572
* A copy of a DA Form 638 (Recommendation for Award) showing he was awarded the Army Achievement Medal for his efforts in support of Operations Joint Endeavor and Joint Guard



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 enlisted in the Regular Army on 13 July 1995 for a period of 3 years and training as a heavy wheel vehicle mechanic.  He completed his   one-station unit training (OSUT) at Fort Jackson, South Carolina and was transferred to Hanau, Germany on 27 December 1995.

3.  On 31 July 1996 he was transferred to Hungary in support of Operation Joint Endeavor and served there until 30 November 1996 when he was transferred to Croatia on 1 December 1996 to 15 April 1997 in support of Operation Joint Endeavor.

4.  On 12 February 1999 he was honorably released from active duty (REFRAD) in the pay grade of E-4 due to completion of required service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Commendation Medal, the Army Achievement Medal (1st OLC), the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army Superior Unit Award. The Driver and Mechanic Badge with wheel bar, the Armed Forces Service Medal and the NATO Medal.

5.  His DD Form 214 also shows that he had “Service in Hungary 19960730 to 19961130// Service in Croatia 19961201 to 19970415”.

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.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for item 18, enter in the remarks section “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD)” for an active duty Soldier deployed with his or her unit during their continuous period of active service.  For Reserve component Soldiers ordered to active duty and deployed to a foreign country, enter the statement “Ordered to Active Duty in support of (Operation Name) per 10 USC (applicable section)”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the AFEM for his service in support of Operations Joint Endeavor/Guard has been noted and found to have merit.  The applicant served during a qualifying period for that award and it should be awarded at this time and added to his DD Form 214 at this time.  

2.  However, the applicant’s contention that his DD Form 214 should be corrected to reflect his participation in Operations Joint Endeavor/Guard has been noted and appears to lack merit.  The applicable regulations provide that the DD Form 214 will be prepared to reflect service in the country to which deployed and the dates deployed for Regular Army Soldiers.  The applicant’s DD Form 214 correctly reflects that information.    

3.  The regulation does provide that for Reserve Soldiers deployed, the name of the Operation and the dates of deployment will be entered. However, the applicant was not a Reserve Component Soldier and thus such an entry was not authorized.  Accordingly, there appears to be no basis to add that entry.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x__  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 awarding him the AFEM and adding it to his DD Form 214.

2.  The Board further determined that 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 adding his participation in Operations Joint Endeavor/Guard to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      _______ _ 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)                                         AR20110003641





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ABCMR Record of Proceedings (cont)                                         AR20110003641



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