IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012377
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) instead of the Armed Forces Service Medal (AFSM) and the Army Commendation Medal (ARCOM).
2. The applicant states, in effect, that she was deployed to Bosnia, the former Republic of Yugoslavia, in support of Operation Joint Endeavor (OJE); therefore, her military records should show award of the AFEM. She also states the ARCOM should be added to her DD Form 214.
3. The applicant provides:
* her DD Form 214
* a DA Form 638 (Recommendation for Award), dated 30 September 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 27 October 1993 and she was awarded military occupational specialties 75H (Personnel Specialist) and 91B (Medical Specialist).
3. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record), shows she was deployed to Bosnia for the period 29 December 1995 through 14 November 1996.
4. The applicant provided a DA Form 638, dated 30 September 1997, that shows she was awarded the ARCOM for meritorious service from 4 January 1994 through 24 October 1997, by Permanent Orders 273-3, issued by the 1st Personnel Command. This document further shows she was deployed to Bosnia in support of OJE from December 1995 to November 1996.
5. On 26 October 1997, she was honorably released from active duty after completing a total of 4 years of creditable active service in the rank of corporal.
6. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows she was awarded:
* Army Achievement Medal (1st Oak Leaf Cluster)
* AFSM
* Army Service Ribbon
* Army Good Conduct Medal
* National Defense Service Medal
* North Atlantic Treaty Organization Medal
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)
7. Item 18 (Remarks) of her DD Form 214 shows she served in Bosnia for the period 29 December 1995 through 14 November 1996.
8. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. 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. The AFEM is authorized for qualifying service in Bosnia-Herzegovina and Croatia in support of OJE and Operation Joint Guard during the period 1 June 1992 to 20 June 1998.
9. Military Personnel (MILPER) Message Number 99-100 authorized award of both the AFSM and the AFEM, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of OJE 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 (OJE) 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 OJE and Operation Joint Guard.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the AFEM for her service in Bosnia was carefully considered and was found to have merit.
2. Her records show she served in Bosnia during the period 29 December
1995 through 14 November 1996 in support of OJE and she was awarded the AFSM. A MILPER message authorized award of both the AFSM and the AFEM for this period of service. Therefore, she is entitled to award of the AFEM and correction of her DD Form 214 to show this award.
3. The applicant was awarded the ARCOM for meritorious service. Therefore, her DD Form 214 should be amended to add the ARCOM.
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 her DD Form 214 the Armed Forces Expeditionary Medal and the Army Commendation 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) AR20120012377
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