IN THE CASE OF: 

		BOARD DATE: 26 November 2013

		DOCKET NUMBER:  AR20130006624 


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 records to show award of the Armed Forces Service Medal for his service in support of Operation Able Sentry from 1 June to 15 December 1994.

2.  The applicant states:

	a.  He served as the Operations Officer, S-3, Task Force, 2nd Battalion, 15th Infantry Regiment, in support of Operation Able Sentry for the 6-month period from 1 June to 15 December 1994.  The Armed Forces Service Medal was created approximately 2 years after that service.  He was awarded the United Nations Medal and the Joint Meritorious Unit Award for that service.  The United Nations Medal is a foreign award and should not be considered as in lieu of the Armed Forces Service Medal.

	b.  He departed the 2nd Battalion, 15th Infantry Regiment, in July 1995 upon completion of his assignment and prior to establishment of the Armed Forces Service Medal.  His next assignment took him out of the 3rd Infantry Division entirely to a non-tactical unit which was in no way connected to expeditionary operations/significant activities.

	c.  He did not hear of the Armed Forces Service Medal and was not advised of his eligibility for the award at any time afterwards, including his retirement records review in 1999.  He believes this was an administrative oversight and requests award of the medal.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 is a retired Regular Army infantry major/O-4.

3.  His records contain:

	a.  a DA Form 67-8 (U.S. Army Officer Evaluation Report (OER)) for the period 2 June through 8 December 1994.  This OER shows in:

		(1)  Part IIc (Authentication – Name of Senior Rater), the senior rater's duty assignment as "JTF Provide Promise, Chief of Staff";

		(2)  Part IIIc (Duty Description), "Primary staff officer responsible for the tactical employment of the task force in the Former Yugoslav Republic of Macedonia (FYROM).  Primary mission is to observe and monitor along the border between FYROM and the Federal Republic of Yugoslavia (Serbia and Kosovo)….  Conducts direct liaison with UNFYROM Command and JTFPP [Joint Task Force Provide Promise]"; and

		(3)  Part Vc (Comment on Specific Aspects of the Performance), "[Applicant's] performance as the Operations Officer of a Infantry Task Force deployed to the Former Yugoslav Republic of Macedonia as part of a United Nations peacekeeping mission has been outstanding";

	b.  a certificate showing he was awarded the United Nations Medal for service with the United Nations Protection Force (UNPROFOR) during the period 30 June to 4 December 1994; and

	c.  a citation showing JTFPP was awarded the Joint Meritorious Unit Award for the period 1 February 1994 to 31 January 1995.  The citation reads, in part, "The Joint Task Force Provide Promise distinguished itself by exceptionally meritorious achievement from 1 February 1994 to 31 January 1995.  During this period, the Joint Task Force played an invaluable part in the successful distribution of humanitarian aid and indispensable medical support to the populace of the Former Republic of Yugoslavia."

4.  On 31 October 1999 he retired in the rank of MAJ.  He completed 20 years, 1 month, and 3 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* Meritorious Service Medal (3rd Award)
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 3
* United Nations Medal
* Joint Meritorious Unit Award
* Expert Infantryman Badge
* Parachutist Badge 

5.  Item 18 (Remarks) of his DD Form 214 does not show an entry for a deployment.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility

7.  Operations Able Sentry and Provide Promise are listed as designated U.S. military operations for award of the Armed Forces Service Medal.



DISCUSSION AND CONCLUSIONS:

1.  His OER, United Nations Medal Certificate, and Joint Meritorious Unit Award Certificate document his service in the FYROM in support of Operations Able Sentry and Provide Promise.

2.  Therefore, he is authorized award of the Armed Forces Service Medal and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 to add award of the Armed Forces Service 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)                                         AR20120008147



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ABCMR Record of Proceedings (cont)                                         AR20130006624



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