IN THE CASE OF:  

		BOARD DATE:  23 July 2015	  

		DOCKET NUMBER:  AR20140020615 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and completion of correspondence courses. 

2.  The applicant states she completed several correspondence courses but they are not annotated on her DD Form 214.  She was deployed in support of Operation Joint Endeavor and she did not receive the medal or combat award that was awarded by Congress for that campaign.  

3.  The applicant provides a copy of her DD Form 214. 

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 21 September 1989.  She completed training and was awarded military occupational 71L (Administrative Specialist).  The highest grade she attained was sergeant.

3.  On 18 August 1999, she was discharge from active duty.  She completed         9 years, 10 months and 28 days of net service this period.  Her DD Form 214 for this period of service shows the following awards:

* Armed Forces Service Medal (AFSM)
* Drivers Badge
* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Superior Unit Award
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Noncommissioned Officer’s Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Her DD Form 214 also states in item 18 (Remarks):  "Service in Bosnia from  4 January 1996 to 16 June 1996."

5.  Her records do not show award of the AFEM.

6.  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.  

7.  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.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of retirement, release from active duty, or discharge.  It also states:

* In item 13 – Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  
* In item 14 – List formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed, except for training courses for combat skills

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to have correspondence courses listed on her          DD Form 214 was carefully considered; however, only full-time attendance training courses are listed on the DD Form 214.  Therefore, there is no basis for granting this request.  

2.  The evidence shows both the AFSM and AFEM were authorized during the period she served in Bosnia.  Therefore, she is entitled to correction of her DD Form 214 to show award of the AFEM.





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 AFEM to her 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 adding correspondence courses to her DD Form 214.  




      _______ _   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)                                         AR20140020615





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ABCMR Record of Proceedings (cont)                                         AR20140020615



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