IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110010788
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 and, if possible, orders authorizing the award.
2. He states the Armed Forces Expeditionary Medal was authorized after he separated from the military.
3. He provides his DD Form 214 and a copy of a news release about the Armed Forces Expeditionary Medal approval for Operation Joint Endeavor and Operation 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. He enlisted in the Regular Army on 15 September 1994.
3. He was honorably released from active duty on 14 September 1998. He completed 4 years of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal
* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Superior Unit Award
* Driver and Mechanic Badge (Driver-T Bar)
* Armed Forces Service Medal
* German Armed Forces Marksmanship Badge (Gold)
* North Atlantic Treaty Organization Medal
5. His DD Form 214 issued for this period of service and his DA Form 2-1 (Personnel Qualification Record) show he served in Bosnia during the period 5 February through 26 August 1996.
6. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member 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. Military Personnel Message 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 period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 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.
8. Army Regulation 600-8-22 states that Soldiers are entitled to service medals by virtue of their service so orders are not required.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant served during a qualifying period of service in Bosnia-Herzegovina in support of Operation Joint Endeavor. Therefore, he is authorized the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this medal. Orders are not published for award of the Armed Forces Expeditionary Medal.
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 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 to 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) AR20110010788
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ABCMR Record of Proceedings (cont) AR20110010788
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