IN THE CASE OF:  	  

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140005018 


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 award of the Armed Forces Expeditionary Medal.

2.  The applicant states:

	a.  He recently became aware that he was eligible for the Armed Forces Expeditionary Medal but it is not shown on his DD Form 214.  He served in Operation Joint Endeavor, Bosnia-Herzegovina, in direct support of the United Nations between 27 September 1996 and 3 March 1997 and would like his DD Form 214 amended to reflect award of the Armed Forces Expeditionary Medal.

	b.  Army Regulation 600-8-22 (Military Awards) states Secretary of Defense William S. Cohen approved the award of the Armed Forces Expeditionary Medal, in addition to the Armed Forces Service Medal, to qualifying service members participating in Operation Joint Endeavor or Operation Joint Guard.  Awards were limited to participants deployed to Bosnia-Herzegovina and Croatia.  

3.  The applicant provides his DD Form 214, three memoranda, and page 1 of his DA Form 2-1 (Personnel Qualification Record).




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 23 March 1994.  He was assigned to E Company, 58th Aviation Regiment, 12th Aviation Brigade, Germany, on 21 March 1995.

3.  He provides, in part, a memorandum, dated 31 July 1997, subject:  Armed Forces Service Medal and North Atlantic Treaty Organization (NATO) Medal Eligibility, wherein his immediate commander verified he deployed to Operation Joint Endeavor/Guard and was eligible for both medals.

4.  He was honorably released from active duty on 22 April 1994 and he was transferred to the U.S. Army Reserve. 

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued, in part, shows award of the Armed Forces Service Medal and the NATO Medal.  It does not show the Armed Forces Expeditionary Medal.  Item 18 (Remarks) of this form does not contain an entry for service in Bosnia.

6.  In an email, dated 20 October 2014, an official with the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Bosnia from 29 September 1996 to 14 March 1997.

7.  Army Regulation 600-8-22 states the:

   a.  Armed Forces Expeditionary Medal 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.  The Armed Forces Expeditionary Medal is authorized for qualifying service in the former Republic of Yugoslavia during Operation Joint Endeavor/Joint Guard from 1 June 1992 to 20 June 1998.

	b.  Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility.  The Armed Forces Service Medal is authorized for qualifying service in Operation Joint Endeavor from 1 June 1992 to 19 December 1996 and Operation Joint Guard from 20 December 1996 to 20 June 1998.

	c.  Military Personnel Message 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/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/Joint Guard.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated, for a Soldier deployed to a foreign country during the period covered by the DD Form 214, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates) YYYYMMDD-YYYYMMDD" in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

A DFAS official confirmed the applicant received HF/IDP for service in Bosnia from 29 September 1996 to 14 March 1997, a qualifying period for entitlement to the Armed Forces Expeditionary Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this medal and to show his foreign service in Bosnia.

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 his DD Form 214 by:

* adding to item 13 the Armed Forces Expeditionary Medal
* adding to item 18 the entry "SERVICE IN BOSNIA FROM 19960929-19970314"



      ___________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)                                         AR20140005018





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ABCMR Record of Proceedings (cont)                                         AR20140005018



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