IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130018994
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 award of the Armed Forces Expeditionary Medal (AFEM) for his service in Bosnia.
2. The applicant states he was awarded the Armed Forces Service Medal (AFSM); however, he believes he should also have been awarded the AFEM.
3. The applicant provides copies of his DD Form 214, separation orders, DA Form 2-1 (Personnel Qualification Record Part II), and two Internet references.
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 2 December 1994 for a period of 3 years and training as a power generator equipment repairer. He completed training and was transferred to Germany on 15 August 1995.
3. He deployed to Bosnia with his unit during the period 19 December 1995 to 7 October 1996. He returned to Germany where he remained until he was honorably released from active duty on 1 December 1997. He completed 3 years of active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, AFSM, Army Service Ribbon, North Atlantic Treaty Organization Medal, and Driver and Mechanic Badge.
4. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.
5. 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 Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed to 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Bosnia during qualifying periods for award of both the AFSM and the AFEM. Inasmuch as his award of the AFSM is already reflected on his DD Form 214, the AFEM should be added at this time.
2. The applicant also completed one overseas tour and is entitled to have award of the OSR added to his DD Form 214.
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 is 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 award of the AFEM and OSR 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) AR20130018994
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