IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001607
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 records to show the Army Superior Unit Award.
2. The applicant states general orders (GO) awarded Task Force Eagle, 1st Armored Division, the Army Superior Unit Award for service in Bosnia from 10 April 1994 to 7 November 1996. He served a qualifying period for this award.
3. The applicant provides:
* Permanent Orders (PO) 341-11 (temporary change of station (TCS))
* Memorandum authorizing him departure from Bosnia
* Attachment orders
* GO Number 15, dated 11 April 1997
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 30 October 1990 and he held military occupational specialty 55D (Explosive Ordnance Disposal Specialist). He reenlisted on 26 April 1993 and he attained the rank/grade of staff sergeant/E-6.
3. He served in Europe with the 19th Explosive Ordnance Detachment (EOD) in Italy and the 20th EOD in Germany. While in Europe, he deployed with the 20th EOD on a TCS to Bosnia, in support of Operation Joint Endeavor, from 7 December 1995 to 1 August 1996. The 20th EOD was attached to the 1st Armored Division for the duration of the operation.
4. Department of the Army GO Number 15, dated 11 April 1997, awarded the Army Superior Unit Award to Task Force Eagle (1st Armored Division and participating units) for service from 10 April 1994 to 7 November 1996.
5. He was honorably released from active duty on 25 September 1997. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Army Superior Unit Award or the Armed Forces Expeditionary Medal.
6. Army Regulation 600-8-22 (Military Awards) 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. 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. This award is authorized for service in the Former Republic of Yugoslavia-Operations Joint Endeavor and Joint Guard, from 1 June 1992 to
20 June 1998, for participants deployed to Bosnia-Herzegovina and Croatia.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant's unit of assignment in Bosnia the Army Superior Unit Award which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.
2. He served a qualifying period of service in Bosnia 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 it.
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:
* Army Superior Unit Award
* Armed Forces Expeditionary Medal (Bosnia)
_________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) AR20120001607
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ABCMR Record of Proceedings (cont) AR20120001607
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