BOARD DATE:	  18 November 2014

	DOCKET NUMBER:  AR20140005768


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) ending on 26 August 1996 to show award of:

* Armed Forces Expeditionary Medal (AFEM)
* Overseas Service Ribbon (OSR)
* An Army Reserve Overseas Ribbon (interpreted to mean the Army Reserve Components Overseas Training Ribbon (ARCOTR)

2.  The applicant states that the Secretary of the Defense made an amendment in 1999 to accommodate receipt of both the Armed Forces Service Medal (AFSM) and the AFEM for his overseas service during 1995 - 1996.

3.  The applicant provides copies of:

* DD Form 214 ending in 1996
* News Release, U.S. Department of Defense, dated 23 March 1999

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 14 December 1995, the applicant, a member of the U.S. Army Reserve (USAR), was ordered to active duty in support of Operation Joint Endeavor.

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Federal Republic of Germany (FRG) in a temporary duty (TDY) status from 25 December 1995 to 31 July 1996.  This record further shows that he was authorized the:

* Army Service Ribbon
* Armed Forces Reserve Medal with “M” Device
* OSR

4.  A Memorandum for Record (MFR), subject: Overseas Service Ribbon, dated 1 October 1996, as filed in the applicant’s Official Military Personnel File (OMPF) refers to a message from the Commander, U.S. Army Personnel Command (CDRPERSCOM), date/time group: 181615ZOCT96, wherein it referenced that the Deputy Chief of Staff for Personnel had authorized, on 17 September 1996, a one-time exception to award short tour credit for Soldiers of all components deployed TDY to the FRG (versus the Theater of Operations) in direct support of Operation Joint Endeavor.  The OSR was authorized without regard to the time served in the FRG, as long as the overseas service was not recognized with another U.S. service/campaign medal.  This MFR contains the applicant’s name indicating he was authorized to receive the OSR for his service in the FRG.

5.  On 24 August 1996, the applicant was released from active duty.  He had completed 6 months and 13 days of creditable active duty service.  His DD Form 214 for this period of service shows the following awards:

* AFSM
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The applicant's DD Form 214 also states in the remarks block that he served in the FRG from 25 December 1995 to 31 July 1996.
7.  Army Regulation 600-8-22 (Military Awards) provides:

      a.  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.

      b.  The ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or active duty for training (ADT) for a period of not less than 10 consecutive duty days on foreign soil.

7.  Military Personnel Message (MILPER) 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 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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the:

* AFEM
* OSR
* ARCOTR

2.  The available evidence of record shows that the applicant was ordered to active duty in direct support of Operation Joint Endeavor.  However, the evidence is conflicting and unclear regarding when and where he performed this duty.  His DD Form 214 shows he received the AFSM; but does not show he was ever in the Theater of Operations.  His DD Form 214 also states he served in the FRG from 25 December 1995 to 31 July 1996, which is essentially his entire period of overseas duty.  Both of these entries cannot be correct.  

3.  In view of the above, the applicant's request for award of the AFEM and OSR should be denied.  Should the applicant have additional documentation that clarifies these issues he may submit another application for consideration.

4.  There is no evidence showing that he ever qualified for award of the ARCOTR.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  _X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



_________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20140005768



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