IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020666
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 award of the Armed Forces Service Medal.
2. The applicant states he was awarded the Joint Services Commendation Medal and the Joint Meritorious Unit award; however, his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Armed Forces Service Medal for his service during Operation Provide Promise.
3. The applicant provides copies of a Joint Service Commendation Medal Citation, DD Form 214, and an on-line printout of Title 10, United States Code, Section 578.35 for award of the Armed Forces Service Medal.
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 served on active duty from 4 February 1986 through 18 August 1995.
3. He provides a Joint Service Commendation Medal Citation that states he distinguished himself by meritorious service as a member of Joint Task Force Provide Promise (Forward), Zagreb, Croatia, from 5 December 1993 through 15 March 1994. His record contains a Noncommissioned Officer Evaluation Report for the period December 1993 through March 1994 which shows he was assigned to the above task force during the evaluation period.
4. His 18 August 1995 DD Form 214 lists his awards as the Joint Service Commendation Medal, Army Commendation Medal (5th award), Army Good Conduct Medal (3rd award), National Defense Service Medal, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (2nd award), United Nations Service Medal, Joint Meritorious Unit Award, Driver and Mechanic Badge with "W" Bar, Bronze (sic) German Marksmanship Badge, Marksman Qualification Badge with Rifle Bar, Marksman Qualification Badge with Pistol Bar (9 mm), Marksman Qualification Badge with Pistol Bar (.45 Caliber), Expert Qualification Badge with Pistol Bar (.38 Caliber).
5. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal 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). Table 2-5 shows the operations for which the Armed Forces Service Medal is authorized and includes Operation Provide Promise, 20 November 1995 to 19 December 1996. On 26 February 2013, the U.S. Army Human Resources Command clarified that the eligibility period for Operation Provide Promise was expanded to June 1992 December 1996.
DISCUSSION AND CONCLUSIONS:
The applicant is shown to have been deployed to Croatia in support of Operation Provide Promise from 5 December 1993 through 15 March 1994. As such, there is sufficient evidence to support adding the Armed Forces Service Medal to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 the Armed Forces Service Medal to his 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) AR20140020384
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ABCMR Record of Proceedings (cont) AR20140020666
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