IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012761
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 record to show he was awarded the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he needs this medal documented in his record to receive veteran's preference.
3. The applicant provides copies of a DA Form 2-1 (Personnel Qualification Record) and DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 1998.
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 27 February 1996 and he was released from active duty on 10 December 1998. He completed 2 years, 9 months, and 14 days of active military service.
3. His DD Form 214 does not show he received the AFEM, but does show he received the Armed Forces Service Medal (AFSM) and North Atlantic Treaty Organization (NATO) Medal.
4. His DD Form 214, item 18 (Remarks) shows he served in Bosnia during the period 16 March 1997 through 13 October 1997.
5. The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for the periods 20 March through 4 July 1997 and 17 July through 19 October 1997 for Bosnia.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. 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.
7. Military Personnel Message Number 99-100 authorized award of both the AFSM and the AFEM, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG) 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 (OJE) and 20 December 1996 to 20 June 1998 (OJG).
DISCUSSION AND CONCLUSIONS:
1. The evidence supports the applicant's request for correction of his DD Form 214 to show award of the AFEM.
2. He was awarded the AFSM for his service in Bosnia; however, both the AFSM and AFEM were authorized during the period he served. Therefore, he is entitled to correction of his DD Form 214 to show award of the AFEM.
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 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 item 13 of his DD Form 214 the AFEM.
_______ _ 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) AR20130012761
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