IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017680
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 add the Armed Forces Service Medal (AFSM).
2. The applicant states he served in Operation Provide Promise in Croatia which makes him eligible for the AFSM.
3. The applicant provides his Officer Record Brief (ORB) and Operation Provide Promise deployment orders in support of his application.
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. On 20 May 1990, the applicant was appointed as a second lieutenant in the Finance Corps of the U.S. Army Reserve (USAR) and he entered active duty in that status on 5 January 1991. He was promoted to first lieutenant on 5 January 1993 and to captain on 1 February 1995.
3. The applicant's record contains Headquarters, U.S. Army Element, Allied Forces Southern Europe, Permanent Orders 126-0923, dated 23 November 1993, which awarded him the Joint Service Commendation Medal (JSCM) for meritorious achievement during the period 26 April 1993 through 7 October 1993.
4. On 12 June 1996, the applicant was honorably released from active duty after completing 5 years, 5 months, and 8 days of active military service. The DD Form 214 he was issued does not include the AFSM in the list of earned awards.
5. The applicant provides his ORB, dated 5 January 1996, which shows he served in the Former Republic of Yugoslavia from 22 April through 8 October 1993. He also provides 55th Personnel Service Company Orders 101-1, dated 20 April 1993, which directed his temporary reassignment to participate in Operation Provide Promise on 22 April 1993.
6. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-21 contains guidance on the AFSM. It states it is authorized for participation in designated U.S. military operations that deemed to be significant activity and which encounter no foreign armed opposition or imminent threat of hostile action. The AFSM may be authorized for significant U.S. military activities for which no other United States campaign or service medal is appropriate, such as peacekeeping operations or prolonged humanitarian operations. Table 2-5 lists designated U.S. military operations for which the AFSM is authorized. Included in this list are Operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard during the period 20 November 1995 to 19 December 1996.
DISCUSSION AND CONCLUSIONS:
The applicant's request to add the AFSM to his DD Form 214 has been carefully considered. However, the AFSM was only authorized for Operation Provide Promise for the period 20 November 1995 to 19 December 1996. Since the applicant's service in this operation took place in 1993, he is not eligible for the award.
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) AR20110017680
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017680
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001762
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Service Medal (AFSM) and her participation in Operation Provide Promise. However, she provided a copy of her DD Form 214 which was sufficient evidence for the Board to conduct a review of this case.
ARMY | BCMR | CY2011 | 20110013740
Application for correction of military records (with supporting documents provided, if any). However, the awards regulation authorizes the AFSM for Operation Provide Promise for the period from 20 November 1995 to 19 December 1996. ABCMR Record of Proceedings (cont) AR20110013740 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013740 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2006 | 20060001635C070205
Ronald Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests award of the Armed Forces Service Medal (AFSM). The evidence of record shows the applicant served a period of qualifying service for award of the AFSM and correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2010 | 20100027018
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, in effect, award of the Armed Forces Service Medal (AFSM) and the Army Achievement Medal (AAM). Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S....
ARMY | BCMR | CY2014 | 20140015709
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Legion of Merit (LOM), Army Achievement Medal (AAM), Armed Forces Service Medal (AFSM), Overseas Service Ribbon (OSR), North Atlantic Treaty Organization (NATO) Medal, and any other awards to which he may be entitled. His record contains four sets of orders or award certificates that show he was awarded the AAM, and his DD Form 214 shows he was awarded the AAM...
ARMY | BCMR | CY2010 | 20100014399
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Joint Service Commendation Medal (JSCM), North Atlantic Treaty Organization (NATO) Medal, and Joint Meritorious Unit Award (JMUA). A review of unit awards records maintained by the U.S. Army Human Resources Command Awards and Decorations Branch does not show any unit awards were granted for service in support of Operation Nomad Vigil. The evidence of record...
ARMY | BCMR | CY2013 | 20130020714
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Joint Service Achievement Medal (JSAM) (2nd Award) * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * United Nations Medal (UNM) * Korea Defense Service Medal (KDSM) * Military education in rappelling and...
ARMY | BCMR | CY2012 | 20120004350
The applicant states: * the LOM was awarded after his retirement * possible unit awards are not shown on his DD Form 214 * he was assigned to the following units: * U.S. Army Military Intelligence Battalion (Low Intensity), 1994-1995 * U.S. European Command Flight Detachment, 1986-1992 * he supported Joint Task Force Uphold/Restore Democracy and Operation Provide Promise 3. The applicant's DD Form 214: * does not show award of the LOM * shows a unit to which he was assigned was awarded the...
ARMY | BCMR | CY2009 | 20090004385
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by including the Armed Forces Service Medal (AFSM), Army Achievement Medal (AAM), Global War on Terrorism Service Medal (GWOTSM), National Defense Service Medal (NDSM), and Army Commendation Medal (ARCOM) in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). However, these awards are already listed in item 13 of his DD Form 214...
ARMY | BCMR | CY2014 | 20140000119
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded: * Korea Defense Service Medal (KDSM) * A second Armed Forces Service Medal (AFSM) * Two Army Superior Unit Awards (ASUA) 2. A certificate for award of the ASUA with a listing of participating units shows the Special Operations Command Communications Element 020, Company B, 1st Battalion, 10th Special Forces Group (Airborne) was awarded the ASUA for this period...