BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140016708 


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 he received the Armed Forces Expeditionary Medal (AFEM) (2nd Award).   

2.  The applicant states he is authorized the AFEM (2nd Award) for service in Bosnia-Herzegovina from January 1996 to August 1996, after receiving his first AFEM for service during Operation Just Cause.  The award decision was made after he retired.  

3.  The applicant provides:

* Joint Service Commendation Medal Certificate, dated 1 November 1997
* Orders 364-1 dated 30 December 1995, deploying him to support Implementation Force (IFOR) (Bosnia)
* North Atlantic Treaty Organization (NATO) Medal Certificate for Bosnia-Herzegovina

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 was commissioned in the Regular Army on 7 September 1978, and was awarded area of concentration 35E (Counter Intelligence).

3.  Orders 364-1 dated 30 December 1995, shows he received orders to deploy to Bosnia, in support of IFOR on 27 December 1995 for no more than 179 days. 

4.  His DA Form 2-1 (Personnel Qualification Record), item 5 (Overseas Service) is void of entries showing his overseas service.  His Officer Record Brief is not filed in his Official Military Personnel File (OMPF).

5.  The applicant's OMPF contains a DA Form 67-7 (U.S. Army Officer Evaluation Report (OER)) for the period 28 December 1995 through 5 August 1996 that shows he served as a counter-intelligence officer in support of IFOR in Bosnia-Herzegovina for Operation Joint Endeavor.  It also contains a DA Form 1613 (Records Cross Reference), dated 20 August 2010, that shows he has a classified OER for the period 1 July 1989 through 30 June 1990, the period of Operation Just Cause. 

6.  He was honorably retired from active duty on 30 September 1998, after having completed 20 years and 24 days of creditable active service.  His DD Form 214 issued at that time shows in:

	a.  Item 12f (Foreign Service) the entry:  3 years and 2 months

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Military Freefall Badge
* Legion of Merit
* Meritorious Service Medal (2nd Award)
* Joint Service Commendation Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Meritorious Unit Commendation
* Army Superior Unit Award (3rd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Master Parachutist Badge
* Special Forces Tab

7.  There is no documentation in the applicant's available records showing he received a second award for the AFEM or that he received an AFEM for serving in Operation Just Cause.  His OER for that period is classified and not available for the Board's review at this time.  In addition, the applicant did not provide evidence such as leave and earnings statements to support receipt of hazardous duty pay or hostile fire pay for Operation Just Cause.  Such unclassified evidence could support his contention that he served during that named military operation.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Operation Just Cause is a designated U.S. military operation for the period 20 December 1989 to 31 January 1990 and Operation Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998.

9.  Army Regulation 600-8-22 states the Armed Forces Service Medal (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.  Designated U.S. military operations include Operation Joint Endeavor from 20 November 1995 to 19 December 1996.

10.  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 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.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Bosnia-Herzegovina from on or about 27 December 1995 to 4 August 1996.  It appears he was qualified for and was awarded the AFEM and the AFSM for that service. 

2.  The applicant's unclassified OMPF does not support his contention that he received the AFEM for service in Operation Just Cause nor did he provide evidence to show he served in that named campaign.  Therefore, there is insufficient evidence to support award of a second AFEM at this time.

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)                                         AR20140015744



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ABCMR Record of Proceedings (cont)                                         AR20140016708


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