IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130013909
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 the Armed Forces Service Medal (AFSM) and Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* he would like his military records to reflect the awards he earned while deployed in support of Operation Joint Forge in Bosnia
* his records show he earned the North Atlantic Treaty Organization (NATO) Medal, but he is missing the AFSM and AFEM for his service in Bosnia
* he was transferred to Hawaii after his deployment
* he was not with his original unit at the time for these awards to be awarded to him
* he works for the Department of Defense under the Defense Logistics Agency and he needs his military records corrected to show he is a veteran and he should have veterans preference to protect him from a reduction in force
3. The applicant provides:
* Reassignment orders
* NATO certificate
* Certificate of participation
* DA Form 638 (Recommendation for Award)
* 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. The applicant enlisted in the Regular Army on 29 October 1997, served as an infantryman, and he was honorably discharged on 9 May 2001.
3. His DD Form 214 does not show the AFSM or AFEM as authorized awards.
4. He provides a certificate of participation for outstanding performance in support of Operation Joint Forge in Bosnia-Herzegovina during the period
12 October 1998 to 5 March 1999.
5. Military Personnel (MILPER) 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 Operations Joint Endeavor and Joint Guard 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 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.
6. MILPER Message 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 AFSM 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 applicant requests award of the AFSM and AFEM for his participation in Operation Joint Forge in Bosnia.
2. Evidence shows he participated in Operation Joint Forge in Bosnia during the period 12 October 1998 to 5 March 1999 which entitles him to the AFEM. Therefore, his DD Form 214 should be corrected to show this medal.
3. MILPER 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 Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina. Since he did not serve a period of qualifying service in support of Operations Joint Endeavor and Joint Guard in Bosnia, there is no basis for awarding him the AFSM and AFEM as a one-time exception.
4. MILPER Message Number 99-157 states 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AFEM to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the AFSM to his
DD Form 214.
_______ _ 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) AR20130013909
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