IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015916 


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 his overseas service in support of Operation Joint Forge.

2.  The applicant states he needs this correction in order to increase his civilian leave rate from 4 to 6 hours per pay period.  He contends that the Armed Forces Expeditionary Medal (AFEM) shown on his DD Form 214 was for his support of Operation Joint Forge.

3.  The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214), DD Form 1610 (Request and Authorization for Temporary Duty Travel of Department of Defense Personnel), and North Atlantic Treaty Organization (NATO) Travel Order.

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.  At the time of his application, the applicant was retired from the Pennsylvania Army National Guard (ARNG) in the rank of lieutenant colonel/pay grade O-5.

3.  The applicant's National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 31 December 2004 reports that he entered the Pennsylvania ARNG on 9 June 1986.

4.  On 11 September 1989, the applicant entered active duty as an ARNG commissioned officer.

5.  The DD Form 1610 provided by the applicant, dated 3 January 2002, indicates he was to perform temporary duty for a period of approximately 15 days during which he was to travel from Carlisle Barracks, Pennsylvania; to Kosovo (5 days); to Hohenfels, Germany (2 days); to Heidelberg, Germany (5 days); and to Bosnia (5 days); and return to Carlisle Barracks.  The remarks block indicates the purpose of the temporary duty was in support of Operation Joint Forge in Bosnia and to visit commanders and staff in Kosovo.

6.  The NATO Travel Order provided by the applicant, dated 4 January 2002, authorized the applicant to travel from Washington, DC, to the same locations as shown in the DD Form 1610 discussed above.  Travel was to commence on 9 January 2002 with an expected return on 23 January 2002.

7.  The applicant's DD Form 214 for the period ending 31 December 2004 shows in:

	a.  item 12f (Foreign Service) no overseas service,

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the AFEM among other awards, and

	c.  item 18 (Remarks) no mention of deployments or other overseas service in support of military operations.

8.  Army Regulation 600-8-22 (Military Awards) states the AFEM 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.  The AFEM is authorized for service in support of Operation Joint Forge from 21 June 1998 to a date to be determined.

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  Completing the DD Form 214 requires that deployments be documented in item 18.  For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER TITLE 10, U.S. Code, (applicable section)"
* "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in support of Operation Joint Forge to qualify for an increase in his authorized rate of civilian leave.

2.  The evidence provided by the applicant indicates he was authorized to travel in a temporary duty status to Kosovo; Hohenfels and Heidelberg, Germany; and Bosnia in support of Operation Joint Forge.  However, there is no evidence and the applicant provided no evidence to show he was ordered to active duty for the express purpose of deployment in support of a military operation.  Further, these orders are not sufficient evidence by themselves to show he actually made such a trip.

3.  The governing regulation states the AFEM is authorized for a minimum of 30 consecutive or 60 nonconsecutive days in the area of the authorized operation.  In this case, the available evidence shows the applicant was only authorized a period of about 15 days.  Accordingly, this period alone was not sufficient as a basis for award of the AFEM.  Therefore, the basis for his being authorized this medal is unknown without further documentary evidence.  It is unlikely that it was authorized for only 15 days of duty in support of Operation Joint Forge.

4.  The applicant's DD Form 214 does not show any foreign service and does not contain any remarks concerning his support of any military operations that would have authorized the AFEM.

5.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20110015916



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ABCMR Record of Proceedings (cont)                                         AR20110015916



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