IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140012948 


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) for the period ending 2 September 2002 to show award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states:

* he was deployed to Bosnia in support of Operation Joint Forge from September 2001 to March 2002 and the AFEM is not listed on his DD Form 214
* the AFEM was approved on 1 January 2014

3.  The applicant provides no additional evidence.

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.  After having prior honorable service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 3 September 1999.

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia during the period 7 September 2001 through 19 March 2002 (6 months and 13 days).

4.  On 2 September 2002, he was honorably released from active duty.  His DD Form 214 shows he completed 3 years of creditable active service.  His DD Form 214 also shows in:

* item 12f (Foreign Service) – 0000  00  00
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) – no deployed service

5.  His Enlisted Record Brief is not available for review and he did not provide a copy.

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

	a.  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.  

	b.  Table 2-3 shows the AFEM is authorized for the former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard for the period 1 June 1992 to 20 June 1998 as only for participants deployed to Bosnia-Herzegovina and Croatia.  The AFEM is also authorized for the former Republic of Yugoslavia, Operation Joint Forge for the period 21 June 1998 to a date to be determined.

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.

7.  Military Personnel (MILPER) Message Number 13-325, issued 30 October 2013, subject:  Campaign, Expeditionary, and Service Medals for the Former Republic of Yugoslavia, states the area of eligibility for the AFEM would mirror that of the Kosovo Campaign Medal with the addition of Bosnia-Herzegovina, Croatia, and Hungary.  Accordingly, the area of eligibility is the land/air space of Serbia (including Vojvadina), Kosovo, Montenegro, Albania, Macedonia, Bosnia-Herzegovina, Croatia, Hungary, and U.S. Naval vessels operating in the Adriatic Sea.  In addition, Soldiers must also meet the criteria outlined in Army Regulation 600-8-22.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the enlisted record brief.

	b.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the instructions stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed he received HFP/IDP and CZTE for service in Bosnia during the period 7 September 2001 through 19 March 2002.  Therefore, based on the guidance in MILPER Message 13-325, he is authorized award of the AFEM and his DD Form 214 for the period ending 2 September 2002 should be corrected to show this award.

2.  Based on the evidence of his service in Bosnia, his DD Form 214 for the period ending 2 September 2002 should be corrected to show 6 months and 13 days of foreign service.

3.  He performed more than 30 consecutive days of active duty service after 11 September 2001.  As such, he is authorized award of the GWOTSM and his DD Form 214 for the period ending 2 September 2002 should be corrected to show this award.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 12f of his DD Form 214 for the period ending 2 September 2002 to read "0000  06  13"
* adding the following awards to item 13 of his DD Form 214 for the period ending 2 September 2002 –

* AFEM
* GWOTSM


* adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 20010907-20020319" to item 18 of his DD Form 214 for the period ending 2 September 2002



      _______ _   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)                                         AR20140012948



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ABCMR Record of Proceedings (cont)                                         AR20140012948



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