IN THE CASE OF:	   

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016315 


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 that the Armed Forces Service Medal (AFSM) he was awarded be changed to the Armed Forces Expeditionary Medal (AFEM) or that he be awarded the AFEM for service in Operation Joint Guard (OJG).

2.  He states his request is based on his service as a U.S. Army counterintelligence special agent during OJG.  He conducted missions within the entire theater of operations (Bosnia, Croatia, and Hungary) for a period of 1 year (August 1997 to August 1998).  The missions involved fulfilling national intelligence requirement and command priority intelligence requirements.  He does not know why the AFEM was not issued to him.  He states neither he nor higher echelon elements knew the award could be issued at the time.  He became aware of eligibility only after discussing it with other Soldiers who also served in OJG and received the AFEM.  

3.  He provides 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 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 enlisted in the Regular Army on 19 January 1994.  After completing initial entry training, he was awarded military occupational specialty 97B (Counterintelligence Agent).

3.  A DA Form 2166-7 (NCO (Noncommissioned Officer) Evaluation Report) for the period August 1997 to July 1998 shows he was assigned to the U.S. National Support Element, G-2, OJG, Army Post Office AE 09793, U.S. Army Europe.  The document shows he served as a Counterintelligence/Force Protection Team NCO in Charge.  Part III (Duty Description), item c (Daily Duties and Scope) shows, in part, he conducted liaison with the Stabilization Force, Hungarian security agencies, anti-crime agencies, border guards, U.S. agencies, and other international agencies and conducted intelligence collection.

4.  Army in Europe Pamphlet 525-100 (Military Operations - The U.S. Army in Bosnia and Herzegovina) shows the U.S. National Support Element was based at Taszar, Hungary.

5.  The record is void of documentation showing the applicant served outside of Hungary during his service with the U.S. National Support Element, OJG.

6.  He was honorably released from active duty on 18 January 1999.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, in part, he was awarded the AFSM.  It does not show the AFEM.

7.  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 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.  Table 2-3 lists U.S. military operations in direct support of the United Nations designated for award of the AFEM.  The table shows Soldiers deployed in Bosnia-Herzegovina and Croatia in support of Operations Joint Endeavor (OJE) and OJG during the period 1 June 1992 to 20 June 1998 were authorized award of the AFEM.   
8.  Army Regulation 600-8-22 states the 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
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility

9.  Army Regulation 600-8-22 states the AFSM was authorized for qualifying service in OJG during the period 20 December 1996 to 20 June 1998.

10.  Military Personnel (MILPER) Message Number 99-100 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 OJE and OJG 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 (OJE) and 20 December 1996 to 20 June 1998 (OJG).  The exception also allowed only one award of each service medal for service in either or both OJE and OJG.

11.  Army Regulation 600-8-22 does not provide for changing a proper award of the AFSM to award of the AFEM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was properly awarded the AFSM for his service in support of OJG.  There is no basis for changing a properly awarded AFSM to the AFEM.

2.  The available records do not show he served the required 30 consecutive or 60 nonconsecutive days in Bosnia-Herzegovina or Croatia during OJG to be eligible for award of the AFEM.  In the absence of such evidence, there is no basis for awarding him the AFEM for his OJG service.  



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 that 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)                                         AR20110016315





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ABCMR Record of Proceedings (cont)                                         AR20110016315



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