BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20130000647
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 all awards authorized for her service during Operation Joint Endeavor in Bosnia.
2. The applicant states her deployment to Bosnia is shown in item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty). But, no awards for this service are included in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).
3. The applicant provides a copy of her 27 July 1997 DD Form 214.
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 served on active duty in the Regular Army from 9 September 1993 through 27 July 1997 in military occupational specialty 93P (Aviation Operations Specialist).
3. Her DD Form 214 shows:
a. Award of the Army Achievement Medal, Army Lapel Button, Army Commendation Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and the Marksman Marksmanship Qualification Badge (M-16 Rifle).
b. Service in Bosnia (during Operation Joint Endeavor) from 26 December 1995 through 14 March 1996.
4. Army Regulation 600-8-22 (Military Awards) provides the following:
a. 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. 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. Service in Bosnia from 1 June 1992 to 20 June 1998 qualifies for this award.
b. The Armed Forces Service Medal may be awarded to members of the Armed Forces for operations for which no other U.S. campaign or service medal is approved. Eligibility for the an individual who, after 1 June 1992 were 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. Service in Bosnia from 20 November 1995 to 19 December 1996 qualifies for this award.
5. 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. The applicant served in Bosnia during the period that award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal were authorized as a onetime exception to policy. It would be appropriate to award her these medals.
2. The applicant's records should be corrected to show that, in addition to the awards listed on her DD Form 214, she is also authorized the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.
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:
a. awarding the applicant the Armed Forces Service Medal and the Armed Forces Expeditionary Medal; and
b. correcting her DD Form 214 to show that, in addition to the awards listed, she is also authorized the Armed Forces Service Medal and 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.
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