BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140001762
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Service Medal (AFSM) and her participation in Operation Provide Promise.
2. The applicant states that she was deployed to Zagreb, Croatia and awarded a United Nations Medal (UNM) for Operation Provide Promise. After her discharge those participating in this Operation were awarded the AFSM.
3. The applicant provides her DD Form 214, a UN Protection Force Certificate, and a history of the AFSM.
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's service records are not available for review. However, she provided a copy of her DD Form 214 which was sufficient evidence for the Board to conduct a review of this case.
3. Her DD Form 214 shows she enlisted in the Regular Army on 4 April 1991 and was released from active duty on 8 September 1993 at the expiration of her term of service. It further shows that she:
* completed 2 years, 5 months, and 5 days of creditable active service, that include 1 year, 11 months, and 16 day of foreign service
* was awarded the Army Achievement Medal, National Defense Service Medal, United Nations Medal, Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* was not given credit for participation in any humanitarian relief operation
4. She provides a copy of a UN Protection Force Certificate presented to her on 3 May 1993 for her distinguished service during U.S. Joint Force Provide Promise during the period November 1992 to April 1993.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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:
a. 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.
b. Participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.
6. Table 2-5 of this same regulation states that Operation Provide Promise was designated award of the AFSM for the period 20 November 1995 to
19 December 1996.
DISCUSSION AND CONCLUSIONS:
The UN certificate furnished by the applicant shows that she participated in Operation Provide Promise during the period November 1992 to April 1993; however, the AFSM was awarded for the period 20 November 1995 to
19 December 1996. As such, the applicant is not entitled to the requested relief.
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) AR20140001762
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ABCMR Record of Proceedings (cont) AR20140001762
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