IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019433
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 Armed Forces Expeditionary Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 July 1998.
2. The applicant states the Armed Forces Expeditionary Medal was omitted from his DD Form 214.
3. The applicant provides:
* Department of Defense (DOD) news release, dated 23 March 1999
* a list of designated U.S. military operations approved for award of the Armed Forces Expeditionary Medal
* DD Form 214
* his separation orders
* a DD Form 1351-2 (Travel Voucher or Subvoucher)
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. On 17 January 1995, he enlisted in the Regular Army.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was on temporary duty to Bosnia from 15 October 1997 to 15 July 1998, a period of
9 months.
4. On 16 July 1998, he was released from active duty. His DD Form 214 shows he is authorized the Armed Forces Service Medal. His DD Form 214 contains the following information:
* item 12c (Net Active Service This Period) - shows he served 3 years and
6 months (0003 06 00) of net active service
* item 12f (Foreign Service) of his DD Form 214 does not show any foreign service
* an entry in item 18 (Remarks) of his DD Form 214 shows he was deployed to Bosnia from 15 October 1997 to 15 July 1998.
5. Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, 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.
6. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
7. Army Regulation 614-30 (Overseas Service) provides policy and guidance on the establishment of tour lengths for overseas areas. Table 3-2, Rule 8 states if a Soldier serves 9 months in a continuous TCS/temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established he/she is credited with a completed tour.
8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Foreign service performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 was to be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. Based on his service in Bosnia it is reasonable to conclude he received the Armed Forces Service Medal for his service in Bosnia from 15 October 1997 -
15 July 1998 (Operation Joint Guard).
2. He is authorized the Armed Forces Expeditionary Medal under the provisions of MILPER Number 99-100.
3. He is authorized the Overseas Service Ribbon, based on his 9-month deployment to Bosnia, under the provisions of Table 3-2, Rule 8 of Army Regulation 614-30.
4. The correct entry for item 12f of his DD Form 214 is 0000 09 00 due to his
9-month deployment to Bosnia.
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 with a separation date of 16 July 1998 as follows:
a. item 12f - delete the entry "0000 00 00" and enter "0000 09 00"
b. adding the following awards:
* Armed Forces Expeditionary Medal (Bosnia - Joint Guard)
* Overseas Service Ribbon
_______ _ _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) AR20140019433
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140019433
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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