IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021679
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 a service medal for his service in Bosnia.
2. The applicant states, in effect, he believes his DD Form 214 should show a service medal for Bosnia.
3. The applicant provides copies of his 1985 DD Form 4/1 (Enlistment/Reenlistment Document), DA Form 2-1 (Personnel Qualification Record Part II), 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army (RA) on 4 September 1985. He reenlisted in the RA on 17 August 1988, 23 January 1992, and 23 May 1995.
3. Item 5 (Overseas Service) of his DA Form 2-1 shows he served in:
* Southwest Asia from 18 January through 19 May 1991
* Hungary from 15 March through 31 May 1997
4. An evaluation report for the period from October 1996 to May 1997 shows he was deployed in support of Operation Joint Guard.
5. He was honorably discharged on 22 December 1999 by reason of disability. His DD Form 214 lists in:
* Item 12f (Foreign Service) 6 years, 8 months, and 27 days
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal (4th Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* North Atlantic Treaty Organization
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)
* Army Superior Unit Award
* Item 18 (Remarks):
* Service in Southwest Asia-19910118 to 19910519
* Service in Bosnia-19970315 to 19970531
6. Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Bosnia from 15 March through 31 May 1997. He was awarded the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for this service. Therefore, there is no error or injustice and no basis for correction by awarding him any other service medal for Bosnia.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20130021679
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ABCMR Record of Proceedings (cont) AR20130021679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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