BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140021510 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 July 1998 to show a second award of the Armed Forces Service Medal.

2.  The applicant states:

* his second award of the Armed Forces Service Medal is not reflected on his DD Form 214, dated 15 July 1998
* he earned the first award for his service in support of Task Force Able Sentry from June to December 1994
* he earned the second award for his service in support of Operation Joint Endeavor from December 1995 to August 1996

3.  The applicant provides:

* Personnel Service Detachment (Provisional), 2d Battalion (Provisional), 5th Personnel Group Orders 005-206, dated 24 May 1994
* DA Form 67-8 (U.S. Army Officer Evaluation Report (OER)) for the period ending 8 December 1994
* Headquarters, Engineer Brigade, 1st Armored Division, Operational Order (OPORD) 95-425 (Iron Endeavor), dated 20 December 1995
* DA Form 67-8 for the period ending 18 August 1996



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.  At the time the applicant submitted his application, he was serving in the U.S. Army Reserve in the rank of major (MAJ)/O-4.

3.  On 14 May 1993, he was appointed as a Reserve commissioned officer in the rank of second lieutenant.

4.  He was ordered to active duty on 26 June 1993.

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  block 5 (Oversea Service), he served in Germany from 2 November 1993 to 12 June 1994, in Macedonia from 13 June to 8 December 1994, in Germany from 9 December 1994 to 27 December 1995, in Herzegovina from 28 December 1995 to 23 August 1996, in Germany from 24 August 1996 to 1 October 1996, and in South Korea from 1 April to 3 May 1998; and

	b.  block 9 (Awards, Decorations, and Campaigns), two awards of the Armed Forces Service Medal.

6.  He provided the following documents in support of his application:

	a.  Personnel Service Detachment (Provisional), 2d Battalion (Provisional), 5th Personnel Group Orders 005-206, dated 24 May 1994, reassigned him to 2nd Battalion, 15th Infantry Regiment, 3rd Infantry Division, Schweinfurt, and forward deployed in support of Task Force Able Sentry with a proceed date of 9 June 1994.

	b.  A senior rater option OER for the period 13 June through 8 December 1994 rated him as a construction platoon leader while assigned to Headquarters and Headquarters Detachment, Task Force, 2nd Battalion, 15th Infantry.  This report indicates he performed duties as a platoon leader of a U.S. Army construction engineer platoon assigned to the United Nations peacekeeping force in the Former Yugoslav Republic of Macedonia.

	c.  Headquarters, Engineer Brigade, 1st Armored Division, Operational Order (OPORD) 95-425 (Iron Endeavor), deployed the 94th Engineer Battalion to Bosnia-Herzegovina in support of Operation Joint Endeavor while assigned to Task Force Eagle with an effective date of 13 December 1995.  The orders indicate the unit members will travel as a group.  The unit by-name listing is not available.

	d.  A change of rater OER for the period 14 November 1995 through 18 August 1996 rated him as a company executive officer while assigned to Headquarters and Support Company, 94th Engineer Combat Battalion (Heavy).  This reports indicates he performed duties with this unit while deployed to Bosnia-Herzegovina in support of Operation Joint Endeavor.

7.  He was honorably released from active duty on 15 July 1998 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for this period shows one award of the Armed Forces Service Medal.

8.  On 5 September 2003, he was promoted to MAJ with an effective date of 5 September 2003.

9.  Headquarters, U.S. Army Reserve Command, Orders 05-292-00148, dated 19 October 2005, discharged him from the U.S. Army Reserve effective 29 October 2005.

10.  On 5 June 2012, he was reappointed as a Reserve commissioned officer in the rank of MAJ.

11.  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
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for –

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

12.  Table 2-6 of Army Regulation 600-8-22 shows the Armed Forces Service Medal was authorized for U.S. military operations in support of Operation Able Sentry for the period 12 July 1993 to 31 March 1999 and Operation Joint Endeavor from 20 November 1995 to 19 December 1996.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in support of Task Force Able Sentry from 13 June to 8 December 1994.  He was authorized award of the Armed Forces Service Medal and this medal is recorded on his DD Form 214 for the period ending 15 July 1998.

2.  The evidence of record also shows he served in Bosnia-Herzegovina from 28 December 1995 to 23 August 1996 in support of Operation Joint Endeavor.

3.  Therefore, he is authorized a second award of the Armed Forces Service Medal and correction of his DD Form 214 for the period ending 15 July 1998 to show this medal.

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 is 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 deleting award of the Armed Forces Service Medal from his DD Form 214 for the period ending 15 July 1998 and adding the Armed Forces Service Medal (2nd Award).



      __________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)                                         AR20140021510



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ABCMR Record of Proceedings (cont)                                         AR20140021510



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