IN THE CASE OF:	 

		BOARD DATE:	    9 February 2012

		DOCKET NUMBER:  AR20110015720 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is authorized the following awards:

* Army Commendation Medal (4th Award)
* Armed Forces Service Medal
* Armed Forces Expeditionary Medal

2.  The applicant states:

* he was in the Republic of Yugoslavia (Operation Joint Endeavor/Guard) during the time the medals were authorized for 1 June 1992 through 20 June 1998
* he deployed to Bosnia-Herzegovina for a time during the authorized time line
* his DD Form 214 reflects the NATO Medal for the operation, but not the Armed Forces Service Medal or the Armed Forces Expeditionary Medal
* his DD Form 214 shows he was in Bosnia from 13 December 1995 through 15 April 1996

3.  The applicant provides copies of:

* DD Form 214
* Identification Card
* 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 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.  With prior enlisted service, the applicant reenlisted in the Regular Army 12 February 1993.  

3.  The applicant's official military record contains a copy Permanent Order (PO) 81-1, dated 22 Mary 1996, awarding him the Army Commendation Medal for the period 24 March 1994 through 7 July 1996.  A review of his record fails to reveal any additional awards of the Army Commendation Medal.

4.  After completing 4 years, 6 months, and 4 days of net active service this period, the applicant was honorably discharge for the purpose of attending school.

5.  Item 13 on his DD Form 214 shows the following awards:

* NATO Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Kuwait Liberation Medal (K)
* Kuwait Liberation Medal (SA)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 
Air Assault Badge
* Army Lapel Button

6.  Item 13 does not show he is authorized the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.

7.  Item 18 (Remarks) on his DD Form 214 shows he had service in Bosnia from 13 December 1995 through 15 April 1996.

8.  The applicant submits a DA Form 638 showing he was recommended for award of the Army Commendation Medal and PO 125-05 showing he was awarded the Army Commendation Medal for the period 17 June 1996 through 18 June 1997.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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, aboard naval vessels operating in the Adriatic Sea and their respective air spaces 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  His official military record contains one order (PO 81-1) awarding him one Army Commendation Medal.  He submits a second order (PO 125-06) awarding him an Army Commendation Medal.  Although his DD Form 214 shows he was awarded the Army Commendation Medal (3rd Award), there are no orders in his official record showing a third or fourth award of the Army Commendation Medal. As such, award of the fourth Army Commendation Medal should be denied.

3.  The available evidence does show he is authorized the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.  His DD Form 214 should be amended to show these awards.

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 amending item 13 on his DD Form 214 to show he is authorized the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.

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 amending his DD Form 214 to show he is authorized the Army Commendation Medal (4th Award).




      _______ _   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)                                         AR20110015720



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ABCMR Record of Proceedings (cont)                                         AR20110015720



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