IN THE CASE OF:	  

		BOARD DATE:  25 March 2014

		DOCKET NUMBER:  AR20130013287 


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 (AFEM).

2.  He states he was not awarded the AFEM which he earned while deployed to Bosnia-Herzegovina as part of Operation Joint Forge from 21 September 1998 to 
27 March 1999.

3.  He provides:

* North Atlantic Treaty Organization (NATO) Medal Certificate
* Orders 208-05, dated 27 July 1998
* DA Form 638 (Recommendation for Award) with the Army Commendation Medal Certificate  

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 20 June 1996.  He served in Bosnia from 21 September 1998 to 27 March 1999.  He was honorably released from active duty on 17 July 2000.

3.  His DD Form 214 does not show award of the AFEM.  However, it does show the award of the Armed Forces Service Medal (AFSM).

4.  There is no entry in item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) showing he was awarded the AFEM.

5.  The applicant provided:

   a.  Orders 208-05, dated 27 July 1998, which show he and his unit were directed to perform a Temporary Change of Station move to Bosnia-Herzegovina with an effective date of 31 August 1998.
   
   b.  The NATO Medal Certificate which shows he was awarded this medal for his service with NATO in support of Operation Joint Forge during the period 
21 September 1998 to 27 March 1999.

   c.  A DA Form 638 which shows he was recommended for and received the Army Commendation Medal.  One of the achievements cited was his deployment to Bosnia-Herzegovina from September 1998 to April 1999 where he was instrumental in the security operations of Eagle Base. 

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The AFEM 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.

	b.  Table 2-3 lists operations for which the AFEM is authorized.  The AFEM was authorized for service in the Former Republic of Yugoslavia - Operation Joint Forge from 21 June 1998 to a date to be determined.

	c.  The AFSM 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.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days provided this support involves entering the area of operations.

   d.  Table 2-5 lists operations for which the AFSM is authorized.  The AFSM was authorized for Operation Joint Forge from 21 June 1998 to a date to be determined.

7.  Military Personnel Message (MILPER) Number 99-157 implemented the policy to allow award of either the AFEM or the AFSM to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the AFSM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant performed a temporary change of station move in support of Operation Joint Forge from 21 September 1998 to 
27 March 1999 for which he was awarded the AFSM.  As cited above, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.  Therefore, his record is correct as constituted.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20130013287





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ABCMR Record of Proceedings (cont)                                         AR20130013287



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