IN THE CASE OF:  	  

		BOARD DATE:  9 July 2015	  

		DOCKET NUMBER:  AR20140017979 


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 the Army Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he believes he was eligible for award of the AFEM for  service in support of Operation Joint Endeavor/Guard, because it was authorized after his period of service ended.  It should have been awarded retroactively.

3.  The applicant provides his DD Form 214 and information pertaining to the AFEM. 

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 enlisted service in the Regular Army, the applicant enlisted in the Army National Guard (ARNG) on 16 July 1992.

3.  He was ordered to active duty in support of Operation Joint Endeavor on       17 June 1996.

4.  He received a Scroll of Appreciation from Headquarters, U.S. Army, Europe and Seventh Army for his dedication and outstanding service in support of Operation Joint Endeavor.  

5.  On 6 March 1997, he was released from active duty.  He had completed         8 months and 20 days of net service this period.  His DD Form 214 for this period of service shows the following awards:

* Armed Forces Service Medal (AFSM)
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer’s Professional Development Ribbon
* Army Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* North Atlantic Treaty Organization Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  His DD Form 214 also states in item 18 (Remarks):  "Imminent Danger Pay area Hungary 15 July 1996 to 26 September 1996," "Imminent Danger Pay area Croatia from 27 September 1996 to 22 December 1996" and "Imminent Danger Pay area Hungary from 23 December 1996 to 4 February 1997."

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

	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
* participate for 1 or more days in the operation within the designated 	area of eligibility  

	b.  Operation Joint Endeavor and Operation Joint Guard are listed as designated U.S. military operations for this award.

	c.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  Operations Joint Endeavor and Joint Guard are listed as designated U.S. military operations in direct support of the United Nations.  

8.  Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal 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.  MILPER 99-100 authorized awarding both the AFSM and the AFEM for service in support of Operation Joint Endeavor during the period from 1 June 1992 to 19 December 1996 and Joint Guard from 20 December 1996 to June 1998.  

2.  His Scroll of Appreciation and the entry in item 18 of his DD Form 214 all document his service in support of Operation Joint Endeavor/Guard.  Therefore, he is entitled to correction of his DD Form 214 to show the AFEM.




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 his DD Form 214 to include the AFEM.



      _______ _   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)                                         AR20140017979



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ABCMR Record of Proceedings (cont)                                         AR20140017979



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