IN THE CASE OF:	   

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021075 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Armed Forces Expeditionary Medal
* Army Superior Unit Award
* German Armed Forces Marksmanship Achievement Badge in Bronze

2.  The applicant states he was not given the necessary paperwork when he left his unit and he believes the awards were issued after he left his unit in 1997.

3.  The applicant provides:

* DD Form 214
* one page typed in German, dated 15 November 1997
* one page from Wikipedia, titled Armed Forces Expeditionary Medal
* one page from Wikipedia, titled 16th Engineer Battalion

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.  The applicant enlisted in the Regular Army on 15 August 1995 and he held military occupational specialty 62J (General Construction Equipment Operator).

3.  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 16th Engineer Battalion, Germany, from 6 January 1996 to 30 December 1997.

4.  Permanent Orders 203-025, issued by the 38th Personnel Service Battalion, dated 22 July 1997, awarded him the Driver and Mechanic Badge with Driver-W Bar for the period 26 December 1995 to 17 November 1996.

5.  His record contains a memorandum issued by Headquarters, V Corps, Germany, dated 23 January 1998, authorizing him to accept and wear the German Armed Forces Marksmanship Achievement Badge, bronze level, effective 15 November 1997.

6.  His record also contains an English translation of the German document the applicant provided with his application.  The translation states the applicant "receives in recognition of his achievements in the German Armed Forces the Marksmanship Achievement Badge in Bronze."  Simultaneously, he is given authorization to wear the badge.

7.  On 8 March 1999, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 6 months, and 24 days of creditable active service.

8.  The DD Form 214 he was issued at the time shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (2nd Award)
* Armed Forces Service Medal
* National Defense Service Medal


* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  item 18 (Remarks) the entry "Service in Imminent Danger Pay Area 'Bosnia' from 960201 to 961102."

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation that is deemed to be a significant activity.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility.  The Armed Forces Service Medal is authorized for qualifying service in support of Operation Joint Endeavor from 1 June 1992 to 19 December 1996, Operation Joint Guard from 20 December 1996 to 20 June 1998, and Operation Joint Forge from 21 June 1998 to a date to be determined.

	b.  Armed Forces Expeditionary Medal is awarded 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 in support of Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).

10.  Military Personnel Message 99-100, dated 12 March 1999, 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, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard).  


11.  A review of the U.S. Army Human Resources Command website shows the 16th Engineer Battalion was cited for award of the Army Superior Unit Award for the period 15 October 1995 through 9 November 1996 by Department of the Army General Orders Number 15, dated 1997.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served during a qualifying period of service for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Permanent orders awarded him the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His record contains a memorandum authorizing him to accept and wear the German Armed Forces Marksmanship Achievement Badge in Bronze.  Therefore, his DD Form 214 should be corrected to show this foreign award.

4.  His unit was cited for award of the Army Superior Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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:

* Armed Forces Expeditionary Medal
* Driver and Mechanic Badge with Driver-W Bar


* Army Superior Unit Award
* German Armed Forces Marksmanship Achievement Badge



      _______ _   _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)                                         AR20120021075



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ABCMR Record of Proceedings (cont)                                         AR20120021075



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