BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020386
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 Service Medal (AFSM).
2. The applicant states he served in Bosnia-Herzegovina from October 1996 to April 1997. His deployment covered portions of both Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG).
3. The applicant provides a:
* current service member's statement and Enlisted Record Brief
* retired officer's statement and DD Form 214 (Certificate of Release or Discharge from Active Duty)
* former officer's statement and 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. On 7 January 1994, the applicant enlisted in the Regular Army. He was released from active duty on 6 January 2000 after completing 6 years of creditable active service.
3. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
4. The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for the periods 10 October through 19 December 1996 and 3 January through 5 April 1997 for service in Bosnia.
5. He provides statements from a current and two former service members attesting to his service in Bosnia.
6. Army Regulation 600-8-22 (Military Awards) states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-5 shows that the AFSM is authorized for eligible participants of OJG during the period 20 December 1996 to 20 June 1998.
7. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal (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.
8. 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 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:
The evidence supports the applicant's request for correction of his DD Form 214 to show award of the AFSM. Both the AFSM and AFEM were authorized during the period he served in Bosnia. Therefore, he is entitled to correction of his DD Form 214 to show award of the AFSM and AFEM.
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 adding the AFSM and 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) AR20130020386
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