IN THE CASE OF:  

		BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140004325 


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 Service Medal (AFSM) and the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he has orders for the AFSM and the dates he was deployed to Bosnia make him eligible for the AFEM.

3.  The applicant provides:

* list of campaigns qualifying for veteran's preference
* Headquarters, III Corps and Fort Hood Permanent Orders 197-3
* 720th Military Police (MP) Battalion (-) Manifest
* DA Form 638 (Recommendation for Award)
* North Atlantic Treaty Organization (NATO) Medal Certificate
* Headquarters, 720th MP Battalion Memorandum for Record (MFR)
* listing of service awards for Bosnia
* 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 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.  On 29 March 1995, the applicant enlisted in the Regular Army.  He was released from active duty on 2 January 1998 after completing 2 years, 9 months, and 4 days of creditable active service.

3.  On 24 November 1997, Headquarters, 89th MP Brigade, issued Permanent Orders Number 328-2 awarding him the Army Commendation Medal (ARCOM).

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

5.  He submits a 720th MP Battalion (-) Manifest showing his name among those Soldiers from the 64th MP Company.

6.  He submits a DA Form 638 showing the 720th MP Battalion issued Permanent Order Number 038-8, dated 7 February 1997, awarding him the Army Achievement Medal (AAM).  His listed achievements included driving over 7,000 accident-free miles while deployed to Bosnia.

7.  He submits a NATO Medal Certificate for service with NATO operations in relation to the former Yugoslavia during the period 20 July 1996 to 19 April 1997.

8.  He submits a Headquarters, 720th MP Battalion MFR, dated 21 April 1997, listing the companies and dates of deployment to Bosnia-Herzegovina with an enclosed list of personnel who deployed to Bosnia and earned the NATO Medal and AFSM for service in Bosnia.  His name is found on the list of personnel. 

9.  Army Regulation 600-8-22 (Military Awards) 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 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.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-5 shows that the AFSM is authorized for eligible participants of Operation Joint Guard (OJG) during the period 20 December 1996 to 20 June 1998.

10.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  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.

11.  Military Personnel Message Number 99-100 authorized award of both the AFSM and the AFEM, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operation Joint Endeavor (OJE) and OJG 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 (OJE) and 20 December 1996 to 20 June 1998 (OJG).

12.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

13.  Army Regulation 600-8-22 states the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows both the AFSM and AFEM were authorized during the period he served in Bosnia.  Therefore, he is entitled to correction of his DD Form 214 to show award of the AFSM and AFEM.

2.  Permanent orders awarded him the ARCOM and AAM which are not listed on his DD Form 214.  Therefore, he is entitled to have these awards added to his DD Form 214.

3.  There is no evidence in his records that would justify his disqualification for the AGCM (1st Award) and it appears that an administrative error occurred resulting in the omission of award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 29 March 1995 through 2 January 1998 and to correct his DD Form 214 to show this award.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as recommended below. 

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:

	a.  awarding him the AGCM (1st Award) for the period 29 March 1995 through 2 January 1998 and

	b.  adding the AFSM, AFEM, ARCOM, AAM, and AGCM (1st Award) to his 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)                                         AR20140004325



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ABCMR Record of Proceedings (cont)                                         AR20140004325



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