IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110016270
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 Armed Forces Expeditionary Medal (AFEM) for service in Bosnia.
2. The applicant states the authorization for the AFEM for his period of service in Bosnia was not made until after his release for active duty.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants 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 applicants 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 18 February 1993. He completed training and he was awarded military occupational specialty (MOS) 11C (indirect fire infantryman).
3. Records show he served in Bosnia from 28 January 1996 to 30 September 1996 and from 31 March 1998 to 17 September 1998.
4. On 19 November 1998, he was honorably released from active duty at the completion of required active service. He was transferred to a U.S. Army Reserve (USAR) unit in California to complete his remaining Reserve obligation. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Service Medal (AFSM)
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* North Atlantic Treaty Organization (NATO) Medal
5. Army Regulation 600-8-22 (Military Awards) states the:
a. AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. 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.
b. AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992: participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action 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.
6. Military Personnel Message (MILPER) Number 99-100, issued on 12 March 1999, authorized award of both the AFSM and the AFEM, as a one-time
exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor (OJE) and Joint Guard (OJG) in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed to Bosnia-Herzegovina during the periods 1 June 1992 to 19 December 1996 (OJE) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).
DISCUSSION AND CONCLUSIONS:
1. The applicant twice served in Bosnia and he was awarded the AFSM and the NATO Medal for his service.
2. As a one-time exception to the Department of Defense and Service policy, the AFEM was authorized for concurrent award with the AFSM during the applicant's service in Bosnia.
3. In view of the foregoing, he is entitled to the AFEM and correction of his
DD Form 214 to show this award.
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 his 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) AR20110016270
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016270
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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