BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140003533
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 records to show she is authorized the Armed Forces Expeditionary Medal.
2. The applicant states she is eligible for the Armed Forces Expeditionary Medal based on her service in Bosnia from 21 February to 2 August 1996.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 20 August 1996 and two pages from Army Regulation 600-8-22 (Military Awards) describing the criteria for award of the Armed Forces Expeditionary Medal.
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 2 October 1990. She was discharged on 26 February 1991 due to pregnancy.
3. The applicant enlisted in the West Virginia Army National Guard (WVARNG) on 26 March 1994. She was ordered to active duty in support of Operation Joint Endeavor on 27 December 1995 and served in Bosnia from 21 February through 2 August 1996.
4. The applicant was honorably released from active duty on 20 August 1996 upon completion of her required active service. She was transferred to the 152nd Military Police Detachment, Moundsville, WV to complete her service obligation.
5. The DD Form 214 she received shows the following awards:
* Armed Forces Service Medal
* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge (Rifle M-14)
6. The applicant was honorably discharged from the WVARNG on 3 January 2002. Her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the following awards:
* Army Service Ribbon
* National Defense Service Medal
* Army Commendation Medal
* Army Reserve Component Achievement Medal (2nd Award)
* Armed Forces Service Medal
* Noncommissioned Professional Development Ribbon
* West Virginia Service Ribbon
7. 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 available evidence shows she is authorized the Armed Forces Expeditionary Medal and her DD Form 214 and NGB Form 22 should be amended to show this award.
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 amending her DD Form 214 dated 20 August 1996 and her NGB Form 22 dated 3 January 2002 to add the Armed Forces Expeditionary Medal.
_________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) AR20140003533
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