IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003165
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 (AFEM).
2. The applicant states he served in Bosnia-Herzegovina in support of Operation Joint Endeavor (OJE) and recently learned that the AFEM was approved for Soldiers who participated in OJE.
3. The applicant provides a copy of his Noncommissioned Officer Evaluation Report (NCOER) and DD Form 214 in support of his request.
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. A review of the applicant's military personnel records shows he enlisted in the U.S. Army Reserve (USAR) on 9 October 1985 for a period of 8 years.
a. He had 3 years of honorable active duty enlisted service in the Regular Army from 22 January 1986 through 21 January 1989.
b. On 22 January 1989, he transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.
3. The applicant reenlisted in the USAR on 3 February 1993 for a period of 6 years. He was awarded military occupational specialty 38A (Civil Affairs Specialist).
4. He was ordered to active duty on 19 May 1996 in support of OJE.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service): Europe (Bosnia) from 5 June through 19 December 1996.
6. The applicant's DD Form 214 shows he was ordered to active duty on 19 May 1996, honorably released from active duty on 10 January 1997, and transferred to Support Element 4, 360th Civil Affairs Brigade, Fort Jackson, SC. He had completed 7 months and 22 days of active service this period. It also shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the AFEM.
b. item 18 (Remarks) the entry "Service in Bosnia: 960605 961219."
7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.
a. 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. Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of OJE and Operation Joint Guard (OFG) from 1 June 1992 to 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia.
8. Headquarters, U.S. Army Personnel Command, Military Personnel Message Number 99-100, issued 12 March 1991, subject: Award of the AFEM for OJE and OJG, shows the Secretary of Defense approved award of the AFEM in addition to the Armed Forces Service Medal to certain participants of OJE and OJG as a one-time exception to Department of Defense and service policies.
a. The one-time exception was to permit the award of the two medals for the same operation and period of service.
b. Award of the AFEM is limited to those participants in, or those providing direct support to, OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia; aboard U.S. Naval vessels operating in the Adriatic Seas; or aboard aircraft in the respective air spaces.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Bosnia-Herzegovina in support of OJE from 5 June to 19 December 1996.
a. He was authorized the Armed Forces Service Medal for this service.
b. This service also qualified the applicant for award of the AFEM.
c. Therefore, it would be appropriate to correct item 13 of his 10 January 1997 DD Form 214 to show the AFEM.
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 10 January 1997 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) AR20120003165
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