IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140011731 


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 Expeditionary Medal (AFEM).

2.  The applicant states he served in Bosnia from April to November 1997.  He states the AFEM was authorized for service in Bosnia after he was released from active duty (REFRAD) on 14 December 1998.

3.  The applicant provides a copy of his DD Form 214 and the AFEM award criteria.

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 (RA) on 6 September 1996 for a period of 2 years and 17 weeks.  He was awarded military occupational specialty 19K (M1 Abrams Armor Crewman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations, and Campaigns):

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  Headquarters, 64th Replacement Detachment, Orders 015-001, dated 
23 January 1997, reassigned the applicant to the 2nd Battalion, 63rd Armor (Tank), Vilseck, Germany on 24 January 1997.

5.  A DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) shows Headquarters, 3rd Brigade Combat Team, 1st Infantry Division (Forward), Tuzla, Bosnia–Herzegovina, Permanent Orders Number 282-1, dated 9 October 1997, awarded the applicant the AAM for meritorious achievement during Task Force Eagle in support of Operation Joint Guard from 1 April 1997 to 21 October 1997.

6.  He was promoted to specialist (SPC)/pay grade E-4 on 1 November 1998.

7.  The applicant's DD Form 214 shows he was honorably REFRAD on 
14 December 1998.  He completed 2 years, 3 months, and 9 days of active duty this period.  It also shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
   
* AAM
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Armed Forces Service Medal (AFSM)
* North Atlantic Treaty Organization (NATO) Medal

	b.  item 18 (Remarks):  Service in Bosnia from 1 April 1997 to 1 November 1997.

8.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.
9.  The applicant's military personnel records failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM).  This review also failed to reveal any adverse or derogatory information, or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

   b.  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.

	c.  Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of Operations Joint Endeavor and Joint Guard from 1 June 1992 to 28 June 1998, only for participants deployed in Bosnia–Herzegovina and Croatia.

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 (DoD) 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) 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 and Operation Joint Guard.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were to be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contained item-by-item instructions for completing the DD Form 214.  It showed for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; each entry would be verified by the Soldier's records.
	
DISCUSSION AND CONCLUSIONS:

1.  Records confirm the applicant served in Bosnia in support of Operation Joint Guard from 1 April to 1 November 1997.

	a.  He was authorized the AFSM for this service.

	b.  This service also qualified him for award of the AFEM.

   c.  DoD and Army awards policy allows a one-time exception to policy for award of both the AFSM and AFEM for this service.

   d.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the AFEM.

2.  Records show the applicant was authorized the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

3.  The applicant served a period of continuous honorable active duty enlisted service from 6 September 1996 through 14 December 1998.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He attained the rank of SPC (E-4).

   c.  He was awarded the AAM for meritorious achievement in support of Operation Joint Guard.

	d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 6 September 1996 through 14 December 1998.

4.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his awards and decorations, 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 Army Good Conduct Medal (1st Award) for the period 
6 September 1996 through 14 December 1998 (Standard Name Line:  SPC Headquarters and Headquarters Company, 3rd Brigade, 1st Infantry Division) and

   b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar




      _______ _   _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)                                         AR20140011731



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ABCMR Record of Proceedings (cont)                                         AR20140011731



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