BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140012331


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

2.  The applicant states his platoon was awarded the AFEM and AFSM for their service in Croatia/Bosnia in support of Operation Joint Endeavor (OJE) after he was honorably discharged from the Army.

3.  The applicant provides:

* assignment/deployment orders
* amendment endorsement
* 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.  The applicant enlisted in the Regular Army on 18 August 1993.  He was trained in, awarded, and served in military occupational specialty 91B (Medical Specialist).

3.  The applicant's Official Military Personnel File (OMPF) includes:

   a.  a North Atlantic Treaty Organization (NATO) certificate awarding him the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 10 November 1996 to 15 April 1997; and

   b.  an Army Achievement Medal (AAM) Certificate showing he was awarded the AAM for meritorious achievement during OJE and Operation Joint Guard (OJG) from 5 November 1996 through 14 April 1997.

4.  On 17 August 1997, the applicant was honorably released from active duty (REFRAD) in the rank of specialist four.  The DD Form 214 he was issued at the time shows he completed 4 years of active military service of which 6 months and 3 days was foreign service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 includes the Southwest Asia Service Medal (SWASM) and does not include the AFEM and AFSM.  Item 18 (Remarks) includes the entry "SERVICE IN SOUTHWEST ASIA from 26 October – 22 November 1994.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

   a.  Paragraph 2-12 contains guidance on award of the AFEM and states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).
   
   b.  Paragraph 2-14 contains the guidance on the award of the SWASM and it states a bronze service star a bronze service star is authorized for the Cease-Fire Campaign (12 April 1991 to 30 October 1995).
   
   c.  Paragraph 2-21 of the awards regulation contains guidance on award of the AFSM.  It states it is awarded to members who participate or are engaged in direct support of an authorized operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations or meets the following criteria: participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  The AFSM may be awarded for United States military operations in direct support of the United Nations (UN) or NATO, and for operations of assistance to friendly foreign nations.  It is authorized for service in OJE during the period from 20 November 1995 to 19 December 1996 and OJG from 20 December 1996 to 20 June 1998.

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 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 (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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends the AFEM and AFSM should also be added to his record and DD Form 214 was carefully considered.  By regulation, to qualify for either of these awards, a member must serve in a qualifying operation for 30 consecutive or 60 non-consecutive days during the qualifying period.

2.  The evidence of record confirms the applicant deployed to Croatia/Bosnia and served in support of OJE and OJG from 5 November to 15 April 1997.  This service satisfies the regulatory criteria necessary for award of the AFEM and AFSM, which are not shown on his records.  Therefore, these awards should be added to his DD Form 214.

3.  The evidence of record confirms the applicant participated in the Cease Fire Campaign during his service in Southwest Asia entitling him to a bronze service star with his already awarded SWASM.  As a result, the SWASM entry listed on his DD Form 214 should be corrected accordingly.


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 item 13 of his DD Form 214 by:

   a.  deleting the Southwest Asia Service Medal; and 
   
   b.  adding the:

* Southwest Asia Service Medal with bronze service star
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal




      _________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)                                         AR20140012331





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012331



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1