IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003561
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Armed Forces Expeditionary Medal (AFEM) and the Army of Occupation Medal (AOM) for service in Berlin.
2. The applicant states that her DD Form 214 does not reflect award of the AFEM or the AOM and their absence from her DD Form 214 affects her veteran's preference.
3. The applicant provides a copy of her DD Form 214 and orders awarding her the Army Achievement Medal while assigned to the Berlin Brigade.
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 5 January 1987 for a period of 3 years and training as a military police. She completed one-station unit training at Fort McClellan, Alabama and she was assigned to Seneca Army Depot until 28 September 1988, prior to being transferred to Germany for assignment to the Berlin Brigade. She departed Germany on 19 January 1992 to attend training as a legal specialist at Fort Jackson, South Carolina.
3. The applicant was serving as a legal noncommissioned officer (NCO) at Fort McClellan, Alabama when she was promoted to the pay grade of E-6 on
1 December 1993.
4. She was again transferred to Germany on 24 May 1995 and deployed to Croatia and Bosnia-Herzegovina during the period 19951220 19961126.
5. On 10 April 1998, she was honorably discharged in Germany due to parenthood. She had served 11 years, 3 months, and 6 days of active service and the DD Form 214 she was issued at the time of discharge shows she was awarded the Army Commendation Medal (2nd Oak Leaf Cluster (OLC)), Army Achievement Medal (1st OLC), Good Conduct Medal (3rd Award), National Defense Service Medal, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Driver and Mechanic Badge with Driver W Bar, Armed Forces Service Medal, and the North Atlantic Treaty Organization Medal.
6. Army Regulation 600-8-22 (Military Awards) states that for award of the AOM with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. The AOM with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
7. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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. Table 2-2 lists designated U.S. Military Operations that qualify for award of the AFEM. It provides that the AFEM is awarded for service in the Former Republic of Yugoslavia Operation Joint Forge) during the period 1 June 1992 20 June 1998. It is authorized only for participants deployed in Bosnia-Herzegovina and Croatia.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that she is entitled to award of the AOM with Germany Clasp has been noted and found to have merit. The applicant served during a qualifying period of service in Berlin and is entitled to have that award added to her DD Form 214.
2. The applicants contention that she is authorized the award of the AFEM has also been noted and found to have merit. The applicant deployed to Bosnia-Herzegovina and Croatia during a qualifying period for award of the AFEM and is entitled to have that award added to her DD Form 214.
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 AFEM and AOM (Germany) to her 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) AR20140003561
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ABCMR Record of Proceedings (cont) AR20140003561
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