BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002859 


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 the Armed Forces Expeditionary Medal.

2.  The applicant states:

* he deployed to Bosnia in support of Operations Joint Endeavor/Joint Forge and the award was authorized after his discharge
* the award would qualify him for a 5-point veteran preference and enhance his civil service employment opportunities

3.  The applicant provides:

* DD Form 214
* Military Personnel (MILPER) Message Number 99-100, Subject: Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard 

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 10 August 1995 and held military occupational specialties 63G (Fuel and Electrical Systems Repairer). 

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Germany, from 5 February 1996 to on or about 8 May 1998
* Bosnia, from 15 March 1996 to 12 December 1996

4.  Permanent Orders Number 20-2, issued by Headquarters, 123rd Main Support Battalion on 24 February 1998, awarded him the Army Achievement Medal.  The DA Form 638 (Recommendation for Award) lists several achievements while deployed to Bosnia with Task Force Eagle. 

5.  He was honorably released from active duty on 12 May 1998.  His DD Form 214 shows he completed 2 years, 9 months, and 3 days of active service.  This form also shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Service Medal, Mechanic Badge, and NATO Medal 
* item 18 (Remarks) – "Service in Bosnia 19960315-19961212"

6.  An email from the Defense Finance and Accounting Service, dated 15 March 2014, confirms the applicant received hostile fire pay imminent danger pay from 18 March 1996 to 2 December 1996 for service in Bosnia.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (Only for participants deployed to Bosnia-Herzegovina/Croatia).

8.  MILPER Message Number 99-100 permits, as an exception to policy, award of the Armed Forces Expeditionary Medal as well as the Armed Forces Service Medal for participation in Operation Joint Endeavor for the period 1 June 1992 through 19 December 1996.

9.  His records do not contain orders awarding him the Army Good Conduct Medal.  His records also do not contain a commander's disqualification memorandum or any derogatory information in the form of a suspension of favorable personnel actions, record of lost time, a court-martial conviction, or a record of nonjudicial punishment.  

10.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Bosnia from March to December 1996 in support of Operation Joint Endeavor.  This period of service qualifies him for award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award. 

2.  He served honorably during the period 10 August 1995 through 12 May 1998. His record is void of negative or derogatory information that would have disqualified him for his initial award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him his first award of the Army Good Conduct Medal based on his completion of qualifying service ending with the termination of a period of Federal military service. 

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 August 1995 through 12 May 1998
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Armed Forces Expeditionary Medal (Bosnia) 




      _______ _  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)                                         AR20140002859





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ABCMR Record of Proceedings (cont)                                         AR20140002859



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