IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120001003
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 the Armed Forces Expeditionary Medal.
2. The applicant states he is requesting this based on his service in Bosnia from 27 June to 14 December 1996. When his U.S. Army Reserve (USAR) unit was released from active duty the Armed Forces Expeditionary Medal was not authorized for deployment to Bosnia.
3. The applicant provides his DD Form 214 and four pages of Army Regulation 600-8-22 (Military Awards).
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. Having had prior active service, the applicant's records show he was appointed as a first lieutenant in the USAR on 8 June 1976. He served in staff and leadership positions and attained the rank of lieutenant colonel (LTC) on 5 June 1994.
3. He was ordered to active as a member of his Reserve unit duty in support of Operation Joint Endeavor and he entered active duty on 16 June 1996.
4. He was honorably released from active duty on 3 January 1997. He completed 6 months and 18 days of creditable active service.
5. The DD Form 214 he was issued does not show award of the Armed Forces Expeditionary Medal. Item 18 (Remarks) of this form shows he served in Bosnia from 27 June to 14 December 1996.
6. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. Table 2-2 shows the Armed Forces Expeditionary Medal is authorized for qualifying service in the former Republic of Yugoslavia during Operation Joint Endeavor and Operation Joint Guard from 1 June 1992 to 20 June 1998 for Soldiers who were deployed in the countries of Bosnia-Herzegovina and Croatia.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served during a qualifying period of service for award of the Armed Forces Expeditionary Medal which is not shown on his DD Form 214. Therefore, he is entitled to 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 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) AR20120001003
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ABCMR Record of Proceedings (cont) AR20120001003
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