IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130001557
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 the Armed Forces Expeditionary Medal.
2. The applicant states he served in Hungary from 23 January to 26 July 1996.
3. The applicant provides his DD Form 14 and an internet printout of the criteria for this award.
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. Having had prior active service, the applicant enlisted in the Regular Army on 6 December 1978 and held military occupational specialty 92A (Automated Logistics Specialist).
3. He served through multiple reenlistments in a variety of stateside or overseas assignments, including as indicated below, and he attained the rank/grade of master sergeant (MSG)/E-8:
* Panama, from 2 February 1982 to 30 January 1984
* Germany, from 15 August 1985 to 12 August 1988, 6 November 1989 to 21 February 1992, and 22 March 1995 to 31 October 1996
4. On 31 January 1997, he retired and was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 February 1997. His DD Form 214 does not show the Armed Forces Expeditionary Medal but shows in item 18 (Remarks), the entry "Service in Hungary 19960123 - 19960726."
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 designated U.S. Military Operations in direct support of the United Nations participation in the:
* Former Republic of Yugoslavia - Operations Joint Endeavor and Joint Guard, 1 June 1992 to 20 June 1998, only for participants deployed to Bosnia and Croatia
* Former Republic of YugoslaviaOperation Joint Forge, 21 June 1998 to a date to be determined
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant served in Hungary from 23 January to 26 July 1996. Award of the Armed Forces Expeditionary Medal is authorized for service in the Former Republic of Yugoslavia - Operations Joint Endeavor and Joint Guard, 1 June 1992 to 20 June 1998, only for participants deployed to Bosnia and Croatia. The applicant does not meet the criteria for this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20130001557
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