IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140014761 


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 award of the:

	a.  Armed Forces Expeditionary Medal (AFEM) and

	b.  Global War on Terrorism Service Medal (GWOTSM). 

2.  He states, in effect, that he is entitled to award of the AFEM in recognition of his service in support of Operation Joint Forge.  He attests that the officer in charge failed to submit documentation for award of the AFEM upon completion of his unit's deployment.  He adds that the supported period of eligibility for award of the AFEM is from 21 June 1998 to 2 December 2004.

3.  He also states that he is entitled to award of the GWOTSM due to the fact that all Soldiers who served on active duty on or after 11 September 2001 are so entitled.  He concludes that the GWOTSM was not introduced until after his separation, so it was not included on his DD Form 214.

4.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Army Achievement Medal (AAM) Certificate
* Multinational Division (North) Engineer Brigade Certificate of Achievement
* Permanent Orders 82-001
5.  Although the applicant also indicates that he provided permanent Orders 172-02, they were not included with his application.

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 5 November 1996.

3.  He provides:

	a.  A Department of the Army Certificate, dated 4 December 1998, which shows he was awarded the AAM for meritorious achievement as a Survey Draftsman in the 320th Engineer Company during the Grafenwoehr Army Airfield mission from 3 November 1997 to 17 May 1998.

	b.  A Multinational Division (North) Engineer Brigade Certificate of Achievement presented to him for outstanding performance of duty in Bosnia-Herzegovina while providing superb surveying support from 12 February to 27 March 1999.  It was noted that his dedication made an enormous impact on force protection and contributed to maintaining the peace in Bosnia-Herzegovina.

	c.  Permanent Orders 82-001, dated 23 March 1999, which show a portion of the 320th Engineer Battalion was released from deployment outside the continental U.S. in support of Operation Joint Forge and returned to their parent organization effective 24 March 1999.

4.  He was honorably released from active duty on 4 November 2001.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (as corrected by DD Form 215, dated 4 March 2011) does not show the AFEM or the GWOTSM.  However, it does show the:

* Army Lapel Button
* Army Commendation Medal
* AAM
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Service Medal (AFSM)
* Army Service Ribbon
* Overseas Service Ribbon 
* North Atlantic Treaty Organization Medal

5.  The Defense Finance and Accounting Service confirmed that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for deployment to Bosnia from 9 February to 25 March 1999, a period of 45 days.  

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area 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 lists operations for which the AFEM is authorized.  The AFEM was authorized for service in the Former Republic of Yugoslavia - Operation Joint Forge from 21 June 1998 to a date to be determined.

	c.  The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or 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 or 60 nonconsecutive days provided this support involves entering the area of operations.

	d.  Table 2-5 lists operations for which the AFSM is authorized.  The AFSM was authorized for Operation Joint Forge from 21 June 1998 to a date to be determined.
7.  Military Personnel Message Number 99-157 implemented the policy to allow award of either the AFEM or the AFSM to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the AFSM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

8.  Army Regulation 600-8-22 states the 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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed in support of Operation Joint Forge from 9 February to 25 March 1999, for which he was awarded the AFSM.  As cited above, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.  Therefore, his record is correct as constituted as it pertains to recognition for his deployment in support of Operation Joint Forge.

2.  The evidence of record shows he served honorably on active duty on 11 September 2001 and for more than 30 days thereafter.  Therefore, he is entitled to correction of his DD Form 214 to show award of the GWOTSM.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Global War on Terrorism Service Medal to item 13 of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the Armed Forces Expeditionary 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)                                         AR20140014761





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ABCMR Record of Proceedings (cont)                                         AR20140014761



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