IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017120 


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 her records to show award of the Armed Forces Service Medal (AFSM).

2.  The applicant states that she served with Headquarters and Headquarters Service Company (HHSC), 302nd Military Intelligence (MI) Battalion (BN), V Corps, in support of Operation Provide Comfort from 7 April 1996 to 7 August 1996.  However, she separated from active duty before the AFSM was authorized for the operation.

3.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), Joint Service Achievement Medal award orders, and the AFSM award authorization 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 on 14 October 1992 for a period of 4 years.

   a.  Upon completion of training, she was awarded military occupational specialty 96B (Intelligence Analyst).  She attained the rank of sergeant/pay grade E-5.
   
   b.  She extended her enlistment in the RA for a period of 5 months.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service), she served in Germany from 12 August 1994 through 14 March 1997
* item 9 (Awards, Decorations and Campaigns) does not list the AFSM
* item 35 (Record of Assignments), she was assigned to HHSC, 302nd MI BN, Wiesbaden, Germany, from 1 September 1995 through 13 March 1997

4.  United States European Command, Headquarters, Combined Task Force, Operation Provide Comfort, Incirlik Air Base, Turkey, Permanent Orders 1-109, dated 19 July 1996, awarded the applicant the Joint Service Achievement Medal for outstanding achievement in support of Combined Task Force, Operation Provide Comfort, from 7 April 1996 to 7 August 1996.

5.  Her DD Form 214 shows she was honorably released from active duty on
14 March 1997 based on completion of required active service and transferred to a U.S. Army Reserve unit to complete her Reserve obligation.  She had completed 4 years, 5 months, and 1 day of net active duty service during this period that included 2 years, 7 months, 3 days of foreign service.  It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* Army Achievement Medal (2nd Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Joint Service Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Pistol (9mm) Bar
* Chinese Parachutist Badge
* German Marksmanship Badge (Bronze)
* Parachutist Badge
* Driver and Mechanic Badge

6.  A review of the applicant's military personnel records failed to reveal evidence that she was awarded the AFSM.

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

	a.  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 in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.

	b.  Table 2-5 (AFSM - Designated U.S. Military Operations) shows the AFSM was authorized for participants deployed in direct support of Operation Provide Comfort from 1 December 1995 to 31 December 1996.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her records should be corrected to show award of the AFSM.

2.  Permanent orders awarded the applicant the Joint Service Achievement Medal for outstanding achievement in support of Operation Provide Comfort from 7 April 1996 to 7 August 1996.

   a.  Thus, the evidence of record shows she qualified for the AFSM based on her service in support of Operation Provide Comfort.

   b.  Therefore, it would be appropriate to correct her records to show award of the AFSM.

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 adding to item 13 of her DD Form 214 the 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)                                         AR20140017120



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017120



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1