IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003212
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 award of the Army Good Conduct Medal (AGCM) and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he was medically discharged prior to authorization of the AFEM for his service in Croatia.
3. The applicant provides:
* his DD Form 214
* Orders Number 069-008, issued by Detachment A, 55th Personnel Services Battalion, dated 10 March 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 4 March 1994. He completed training and he was awarded military occupational specialty 62F (Crane Operator).
3. Order Number 069-008, dated 10 March 1997, awarded the applicant the AGCM (1st Award) for the period 4 March 1994 through 3 March 1997.
4. On 9 March 1999, he was honorably under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of disability with severance pay, in the rank/grade of specialist (SPC)/E-4. His last duty assignment and major command was the 502nd Engineer Company, V Corps, Germany. The DD Form 214 he was issued at the time show award of the:
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Superior Unit Award
* Driver and Mechanic Badge with Operator "S" Bar
* Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal
5. His DD Form 214 further shows he served in Croatia for the periods:
* 23 December 1995 to 15 May 1996
* 5 August to 10 September 1996
* 8 October to 20 December 1996
* 25 May to 25 June 1997
* 15 August to 16 September 1997
6. his DA Form 2-1 (Personnel Qualification Record) show he qualified:
* marksman with the M-16 rifle
* sharpshooter with the hand grenade
7. Army Regulation 600-8-22 (Military Awards):
a. Provides for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).
b. Sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the AGCM (1st Award). Therefore, his
DD Form 214 should be corrected to show this award.
2. The applicants DD Form 214 confirms his service in Croatia. These periods of service also qualify him for award of the AFEM. Therefore, his DD Form 214 should be corrected to show this award.
3. Records show he qualified marksman with the M-16 rifle and sharpshooter with the hand grenade. Therefore, his DD Form 214 should be corrected to show these qualifications.
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 Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
_______ _ 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) AR20120003212
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