IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130013303
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 award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states:
a. he deployed to Bosnia in 1995 with the 47th Support Battalion from Baumholder, Germany; and
b. he is not sure if orders were published announcing his award of the AFEM.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Amendment Order
* DA Form 2-1 (Personal Qualification Record) (pages 1 and 3 only)
* Self-Authored Statement
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 17 August 1982. He held military occupational specialty 27E (Land Combat Electronic Missile System Repairer).
3. Item 5 (Oversea Service) of his DA Form 2-1 includes two entries which show he served in Germany from 21 April 1993 to 12 June 1996 and in Bosnia from
8 January 1996 through 14 May 1996. Item 9 (Awards, Decorations, and Campaigns) does not include the AFEM among the listed awards.
4. On 2 September 1997, the applicant was honorably separated in the rank of sergeant/E-5 after completing 15 years and 16 days of creditable active duty service. His DD Form 214 shows does not list the AFEM and there are no foreign service entries in item 18 (Remarks) of this document.
5. Information obtained from Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received hostile fire/imminent danger pay (HF/IDP) from 15 January through 13 May 1996 for service in Bosnia-Herzegovina.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded 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 participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).
7. Army Regulation 635-5 (Separation Documents), as in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" was to be entered in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant deployed to Bosnia from 8 January to 14 May 1996, during his oversea assignment in Germany, as shown on his DA Form 2-1 and DFAS record. As a result, he served a qualifying period in Bosnia during Operation Joint Forge for award of the AFEM which is not shown on his records. Therefore, based on his service in Bosnia he is entitled to the AFEM and correction of his DD Form 214 to show this award. In addition, item 18 should be corrected to add the entry "SERVICE IN BOSNIA FROM 8 JANUARY TO 14 MAY 1996.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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:
a. adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal (Bosnia);
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19960108 11960514;" and
c. issuing him a document to reflect these corrections.
_______ _ 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) AR20130013303
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ABCMR Record of Proceedings (cont) AR20130013303
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