IN THE CASE OF:  	  

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140006555 


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 records to show he was awarded the Armed Forces Expeditionary Medal (AFEM) vice the Armed Forces Service Medal (AFSM).

2.  The applicant states:

	a.  He entered active duty in the Regular Army (RA) on 17 March 1992 and he was released from active duty on 6 May 1996.  On 7 May 1996, he enlisted in the U.S. Army Reserve (USAR) with duty in Vicenza, Italy.  He performed a significant amount of active duty time for the next year or so while assigned to the 314 Support Group, 7th Army Reserve Command (ARCOM), Italy.  He never received a DD Form 214 (Certificate of Release or Discharge from Active Duty) from the USAR. 

	b.  During his time in the USAR, he was activated for Operation Joint Endeavor and received the AFSM.  The law changed in 1997 indicating that these awards should have been awarded as an AFEM.  He requests his AFSM be changed to an AFEM per Public Law 105-85, dated 18 November 1997.

3.  The applicant provides his DD Form 214 and two pages titled Public Law
105-85 - 18 November 1997.




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 RA on 18 March 1992 and he held military occupational specialty 73D (Accounting Specialist).  He was assigned to the 208th Finance Battalion, Vicenza, Italy.

3.  He was honorably released from active duty on 4 May 1996 and he was transferred to the USAR, 314th Support Center, Vicenza, Italy.

4.  His record contains a memoranda, subject:  AFSM for Operation Joint Endeavor, dated 28 October 1996, from Headquarters (HQ), 22nd Area Support Group (ASG), Italy, wherein it stated the Chairman, Joints Chief of Staff, approved the AFSM to U.S. military forces deployed in, or in direct support of, Operation Joint Endeavor.  The area of eligibility for the AFSM had been expanded to include Italy.  Qualifications for members of the 22nd ASG include service for 60 non-consecutive days provided this support involved entering the area of eligibility (emphasis added).  It further stated the enclosure lists the Soldiers in the 22nd ASG who met the necessary requirements to receive the AFSM for Operation Joint Endeavor.  The applicant's name was listed on the referenced enclosure.

5.  Orders 357-5, dated 23 December 1997, issued by HQ, 7th ARCOM, released him from the 314th Support Center, effective 15 December 1997, and reassigned him to the USAR Control Group (Reinforcement) as he was returning to the continental United States.

6.  The applicant provides two pages of a printout, dated 18 November 1997, wherein it states, in part:

	a.  [Title] 10, U.S. Code 1130, section 572, eligibility for AFEM for participation in Operation Joint Endeavor or Operation Joint Guard, for the purpose of determining the eligibility of members and foreign members of the Armed Forces for the AFEM, the Secretary of Defense shall designate participation in Operation Joint Endeavor/Joint Guard in the Republic of Bosnia and Herzegovina and in other such regions as the Secretary considers appropriate, as service in an area that meets the general requirements for award of this medal.

	b.  A member or former member shall be considered to have participated in Operation Joint Endeavor or Operation Joint Guard if the member:  (1)  was deployed in the Republic of Bosnia and Herzegovina, or in such other area in direct support of one or both operations; (2)  served on board a U.S. naval vessel operating in the Adriatic Sea in direct support of one or both of the operations; or (3)  operated in airspace above the Republic of Bosnia and Herzegovina, or in such other area in the region as the Secretary of Defense considers appropriate, while the operations were in effect.

	c.  For the purposes of this section, the term Operation Joint Endeavor means operations of the U.S. Armed Forces conducted in the Republic of Bosnia and Herzegovina during the period beginning 20 November 1995 and ending on 20 December 1996.  The term Operation Joint Guard means operations of the U.S. Armed Forces conducted in the Republic of Bosnia and Herzegovina as a successor to Operation Joint Endeavor during the period beginning 20 December 1996 and ending on such a dated the Secretary of Defense may designate.  The ending date of Operation Joint Endeavor was subsequently set as 19 December 1996 and the ending date for Operation Joint Guard as 20 June 1998.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The AFSM may be awarded to members of the Armed Forces of the United States who, after 1 June 1992 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 in the area of eligibility or 60 nonconsecutive days provided this support involves entering the area of eligibility.  The operations must be within the total land area and air space of the Republic of Bosnia and Herzegovina, Italy, and Hungary and the air space above that portion of the Adriatic Sea north of 40 degree north latitude.

	b.  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 in the Republic of Bosnia-Herzegovina.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated a DD Form 214 will not be prepared for members of the Army National Guard or USAR separated after completing less than 90 days of continuous active duty for training or active duty support (ADS).

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides evidence that shows he was awarded the AFSM for participating in operations in support of Operation Joint Endeavor for at least 60 non-consecutive days while serving in the USAR in Italy.  The criteria for award of the AFEM requires service in support of Operations Joint Endeavor/Joint Guard if the service member was deployed to the Republic of Bosnia-Herzegovina.  

2.  The evidence of record does not show and the applicant has not provided any evidence that shows he deployed to the Republic of Bosnia-Herzegovina in support of Operation Joint Endeavor.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

3.  With respect to his not being issued a DD Form 214 during his Reserve service, the regulation in effect at the time stated a DD Form 214 would not be issued to a member of the USAR who completed less than 90 days of continuous ADS.  There is no evidence in his available record and he did not provide any evidence that shows while a member of the USAR he served on ADS for more than 90 continuous days and, therefore, should have been issued a DD Form 214. 

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)                                         AR20140006555





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ABCMR Record of Proceedings (cont)                                         AR20140006555



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