IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019201
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 record to show he was awarded the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he served in Bosnia-Herzegovina from 1 January 1996 to 28 June 1996 but was separated from active duty prior to authorization of the AFEM for service in support of Operation Joint Endeavor during the dates of his service.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a news release.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 22 September 1992 and he was released from active duty on 22 September 1996. He completed 4 years and 1 day of creditable active service.
3. His DD Form 214 does not show he received the AFEM, but it does show he was awarded the Armed Forces Service Medal (AFSM).
4. Item 18 (Remarks) of his DD Form 214 shows he served in Bosnia-Herzegovina from 1 January 1996 to 28 June 1996.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the period 13 January 1996 through 17 September 1996 for service in Croatia.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. 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.
7. 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 OJE and Operation Joint Guard (OJG) 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 (OJE) and 20 December 1996 to 20 June 1998 (OJG).
DISCUSSION AND CONCLUSIONS:
1. The evidence supports the applicant's request for correction of his DD Form 214 to show award of the AFEM.
2. He was awarded the AFSM for his service in Bosnia; however, both the AFSM and AFEM were authorized during the period he served. Therefore, he is entitled to correction of his DD Form 214 to show award of the AFEM.
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 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 adding the AFEM 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) AR20130019201
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ABCMR Record of Proceedings (cont) AR20130019201
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