BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130015852 


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) for the period 14 December 1995 through 28 August 1996 to show award of the Army Superior Unit Award and Armed Forces Expeditionary Medal.

2.  The applicant states the Army Superior Unit Award was authorized by Department of the Army General Orders Number 15, dated 11 April 1997.  The Armed Forces Expeditionary Medal was authorized by Pub. L. 105-85, div. A, title V, Sec. 572, 18 November 1997, 111 Stat. 1756.

3.  The applicant provides:

* his 1995 deployment and redeployment orders
* General Orders Number 15
* excerpt of Pub. L. 105-85, div. A, title V, Sec. 572, 18 November 1997,
111 Stat. 1756

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 U.S. Army Reserve (USAR) on 10 January 1991.  He completed training and he was awarded military occupational specialty 75B (Personnel Administration Specialist).

3.  He provides a copy of Permanent Orders 345-3, issued by Headquarters, First U.S. Army, Fort Gillem, GA, dated 11 December 1995, that ordered his unit to active duty for mobilization.  He was assigned to the 209th Broadcast Public Affairs (BPA) Detachment.  These orders contain an Annex B that lists the applicant as part of the advanced body.

4.  He entered active duty on 14 December 1995 in support of Operation Joint Endeavor.  He served in Bosnia from 11 January 1996 through 23 July 1996 and in Hungary from 24 to 28 July 1996.

5.  He also provides a copy of a 1st Endorsement to Orders 12-134, dated
20 December 1995, that redeployed the 209th BPA Detachment to Germany with a report date of 16 July 1996.

6.  He was honorably released from active duty on 28 August 1996.  He completed 8 months and 15 days of net active service this period, including “11” months and “24” days of foreign service. Item 9 (Last Duty Assignment and Major Command) shows the 209th BPA.  His
DD Form 214 for this period of service shows he was awarded or authorized the:

* Armed Forces Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* North Atlantic Treaty Organization Medal

7.  He further provides:

	a.  General Orders 15, dated 11 April 1997, awarded unit awards, to include the Army Superior Unit Award, to the listed units.  The 209th BPA is not listed on these orders as the recipient of the Army Superior Unit Award or any other award.

	b.  An excerpt of Pub. L. 105-85, div. A, title V, Sec. 572, 18 November 1997, 111 Stat. 1756, that determined eligibility of members and former members of the Armed Forces for the Armed Forces Expeditionary Medal for participation in Operation Joint Endeavor or Operation Joint Guard in Bosnia and Herzegovina beginning on 20 November 1995 to a date to be determined.

8.  On 1 June 1999, he was appointed in the USAR as a second lieutenant.  He was appointed in the Tennessee Army National Guard on 1 March 2000.

9.  On 4 June 2007, he was ordered to active duty in support of Operation Iraqi Freedom (OIF).  On 12 June 2008, he was honorably released from active duty at the completion of required active service.  He was transferred to the Army National Guard of Tennessee.  He completed 1 year and 9 days of net active service this period.  His DD Form 214 for this period of service shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Iraq Campaign Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device

	b.  item 18 (Remarks) the entry "Service in Kuwait/Iraq 20070915-200805209.

10.  Army Regulation 600-8-22 (Military Award) states:

	a.  The Armed Forces Expeditionary Medal may be awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize.  The award may be authorized for the following three categories of operations: U.S. military operations, U.S. operations in direct support of the United Nations, and/or U.S. operations of assistance for friendly foreign nations.  Tables 2-3 (Designated U.S. operations in direct support of the United Nations) identifies the designated mission, areas, and 

dates of service to qualify for award of the Armed Forces Expeditionary Medal.  Service in the Former Republic of Yugoslavia – Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 was authorized for award of the Armed Forces Expeditionary Medal.

	b.  The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq, he participated in the Iraqi Surge (10 January 2007-31 December 2008) campaign.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant met the criteria for entitlement to the award of the Armed Forces Expeditionary Medal for service in Bosnia from 11 January 1996 through 23 July 1996.  Therefore, his DD Forms 214 for the period ending 28 August 1996 and 12 June 2008 should be corrected to show this award.

2.  The applicant participated in one campaign that entitles him to one bronze service star for wear on his already-awarded Iraq Campaign Medal.  Therefore, his DD Form 214 for the period ending 12 June 2008 should be corrected to show this bronze service star.

3.  General Orders Number 15, as provided by the applicant, does not show his unit was awarded the Army Superior Unit Award or any other unit award listed on these orders.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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:

	a.  deleting from his DD Form 214 for the period ending 12 June 2008 the Iraq Campaign Medal,

	b.  adding to his DD Form 214 for the period ending 28 August 1996 the Armed Forces Expeditionary Medal, and

	c.  adding to his DD Form 214 for the period ending 12 June 2008 the:

* Iraq Campaign Medal with one bronze service star
* Armed Forces Expeditionary Medal








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 Army Superior Unit Award 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)                                         AR20130015852



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ABCMR Record of Proceedings (cont)                                         AR20130015852



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