IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120008147 


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 the Army Forces Expeditionary Medal and the Armed Forces Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 June 1997.

2.  The applicant states he would like to have both awards added to his 
DD Form 214.

3.  The applicant provides:

* his DD Form 214
* his Army Commendation Medal Certificate
* his Certificate of Appreciation for Operation Joint Endeavor and Task Force Eagle
* his Certificate for the award of the North Atlantic Treaty Organization (NATO) Medal
* 10 Defense Finance and Accounting Service Military Leave and Earnings Statements (LES)

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.  He enlisted in the Regular Army on 8 January 1991.  He had previously served 4 years, 4 months, and 28 days of inactive service and 2 months and      28 days of prior active service.  He immediately reenlisted on 16 June 1994.

3.  He was awarded a Certificate of Appreciation for participation and outstanding service in support of the 2nd Brigade Combat Team during Operation Joint Endeavor, forward deployed to Bosnia-Herzegovina from 14 January to 
3 November 1996.

4.  He was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 14 January to 3 November 1996.

5.  The 10 LESs he submitted show he received hostile fire pay from January through November 1996.

6.  On 15 June 1997, he was discharged due to the completion of his required active service.  He completed 6 years, 5 months, and 8 days of active service that was characterized as honorable.  His DD Form 214 does not show he is authorized the Army Forces Expeditionary Medal.  However, the Armed Forces Service Medal is listed on his DD Form 214.

7.  Item 18 (Remarks) of his DD Form 214 states he served in Bosnia from 
14 January 1996 to 3 November 1996.
 
8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a 	U.S. military operation deemed to be a significant activity and 	encounter no foreign armed opposition or imminent threat of hostile 	action
* participate for 1 or more days in the operation within the designated 	area of eligibility  

Operation Joint Endeavor and Operation Joint Guard are listed as designated U.S. military operations for this award.

	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  Operations Joint Endeavor and Joint Guard are listed as designated U.S. military operations in direct support of the United Nations.  

9.  Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 
1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

DISCUSSION AND CONCLUSIONS:

1.  His Certificate of Appreciation, award of the NATO Medal, LESs, and the entry in item 18 of his DD Form 214 all document his service in Bosnia.  Therefore, he is authorized both the Army Forces Expeditionary Medal and the Armed Forces Service Medal.

2.  The Armed Forces Service Medal is already shown on his DD Form 214.  Therefore, there is no correction to be made concerning this award.

3.  MILPER 99-100 authorized awarding both the Armed Forces Service Medal and the Army Forces Expeditionary Medal for service in Bosnia during the period from 1 June 1992 to 19 December 1996.  Therefore, it is appropriate to add the Army Forces Expeditionary Medal to his DD Form 214.


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 amending his DD Form 214 to include the Army 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)                                         AR20120008147



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ABCMR Record of Proceedings (cont)                                         AR20120008147



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