IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110004212 


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 award of the Army Forces Expeditionary Medal (AFEM) Operation Joint Endeavor and its addition to her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 June 2007.

2.  She states that she was deployed to Germany and Bosnia for Operation Joint Endeavor from 15 December 1995 through 27 March 1996.  During her ordered deployment she was in the countries of Germany and Bosnia operating on the ground.  From 14-16 January 1996, she flew over Bosnia in a combat mission that supported ground troops and she received combat pay.  

3.  She also stated that in February 2010 she accepted and is now employed with the Department of Justice.  It is important for her to get her military record corrected to reflect participation in Operation Joint Endeavor to comply with authorized Federal benefits.  

4.  She provides:

* memorandum of per diem rate for personal supporting Operation Joint Endeavor, dated 21 December 1995
* certificate of deploying personnel, dated 30 December 1995
* authorization for North Atlantic Treaty Organization (NATO) Medal memorandum, dated 15 March 1996
* citation and justification for award of the Air Force Commendation Medal
* OER (officer evaluation report) Letter Input, dated 29 March 1996
* two letters of commendation in support of Operation Joint Endeavor
* TDY (temporary duty) submission
* DD Form 214 ending on 30 June 2007
* newspaper article titled, “Peacekeepers authorized new medal, joint award”
* letter from the National Personnel Records Center, dated 9 June 2010

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 military record shows she was appointed in the U.S. Army Reserve, as a second lieutenant, on 15 July 1977, with prior enlisted service.  She entered on active duty on the same day.  

3.  Her DA Form 2-1 (Personnel Qualification Record – Part II), Item 5 (Overseas Service) shows she served in Germany from 1 November 1979 through 31 August 1982.  

4.  A memorandum, Subject:  Certification of Deploying Personnel, dated 30 December 1995, shows she was certified for deployment to Joint Endeavor.  

5.  A memorandum, Subject:  Authorization for NATO Medal, dated 15 March 1996, lists her name on a list of people eligible for the NATO Medal by participating in Operation Joint Endeavor.

6.  A Citation to Accompany the Award of the Air Force Commendation Medal to the applicant stated, “she distinguished herself by outstanding achievement as Deputy Director of Operations (Army), Directorate of Operations, 4500th Joint STARS Squadron, Air Combat command, Rhein-Main Air Base, Germany, from 15 December 1995 to 27 March 1996.

7.  An OER Letter Input, dated 29 March 1996, cited her superb performance in support of the 4500th Joint STARS Squadron and the unit’s deployment to Operation Joint Endeavor.  She also provided copies of two letters of commendation commending her contribution to the success of the operational deployment of Joint STARS in support of Operation Joint Endeavor.

8.  She was honorably released from active duty on 30 June 1997, for sufficient service for retirement.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), of her DD Form 214, lists the following:

* Legion of Merit
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (3rd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Driver and Mechanic Badge with Mechanic Bar
* Armed Forces Service Medal
* NATO Medal

9.  On 6 September 2011, a staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Bosnia Herzegovina from 14 January 1996 through 1 April 1996.  

10.  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 evidence of record shows the applicant was deployed in support of Operation Joint Endeavor and awarded the Armed Forces Service Medal.  MILPER Message 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. Therefore, she is entitled to correction to her DD Form 214 to show this award.

2.  In view of the foregoing, her records should be corrected as recommended below.

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 to Item 13 of the applicant's DD Form 214 the Armed Forces Expeditionary Medal.



      _______ _   _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)                                         AR20110004212





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004212



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1