IN THE CASE OF:
BOARD DATE: 26 November 2014
DOCKET NUMBER: AR20130005748
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 a campaign ribbon for service in support of Operation Joint Endeavor.
2. The applicant states he believes the campaign ribbon for Operation Joint Endeavor was awarded after he was discharged and therefore was not listed on his DD Form 214. He wants to have his military service credited to his United States Postal Service time. However, he cannot do so without his DD Form 214 reflecting a service campaign.
3. The applicant provides his 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. On 6 January 1994, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 95B (Military Police). He attained the rank of sergeant/E-5.
3. A review of his available records failed to reveal that he served in Bosnia-Herzegovina or Croatia in support of Operation Joint Endeavor.
4. On 5 January 1999, he was honorably released from active duty. He completed 5 years of active service.
5. His DD Form 214 shows:
a. two years of foreign service;
b. he was awarded or authorized the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon; and
c. no entry documenting the country and duration of any deployed service.
6. During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA). His MMPA did not reveal that he received hostile fire pay/imminent danger pay or combat zone tax exclusion at any time during his tenure of service.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Service Medal (AFSM). It is 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; and encounter no foreign armed opposition or imminent threat of hostile action. The AFSM may be authorized for significant United States military activities for which no other United States campaign or service medal is appropriate, such as peacekeeping operations and/or prolonged humanitarian operations. The AFSM may be awarded for United States military operations in direct support of the United Nations (UN) or the North Atlantic Treaty Organization, and for operations of assistance to friendly foreign nations. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations. Such performance may be recognized by appropriate unit and/or individual decorations. Designated U.S. military operations approved for award of the AFSM include Operation Joint Endeavor.
8. Army Regulation 600-8-22 provides for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the UN, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes service 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).
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request.
2. His MMPA does not reflect that he was deployed to Bosnia-Herzegovina or Croatia.
3. There is no evidence in his available records reflecting that he served in Bosnia-Herzegovina or Croatia during a qualifying period for award of the AFEM or AFSM.
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) AR20130005748
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ABCMR Record of Proceedings (cont) AR20130005748
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