IN THE CASE OF:  	  

		BOARD DATE:  8 October 2015	  

		DOCKET NUMBER:  AR20150002086 


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) to show the Army Commendation Medal and Armed Forces Expeditionary Medal.

2.  The applicant states the awards were received after discharge. 

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* Printout regarding the Armed Forces Expeditionary Medal
* Verification memorandum of Operation Joint Endeavor service

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 1992 and he held military occupational specialty 95B (Military Police (MP)).  

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows while serving in Germany from 30 January 1993 to 23 April 1996, he deployed to Bosnia in support of Operation Joint Endeavor from 8 January 1996 to 22 March 1996.

4.  He was honorably released from active duty on 20 September 1997 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 shows he completed 5 years of total active service.  It also shows in: 

* Item 12f (Foreign Service), he completed 3 years, 2 months, and 24 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: 

* Army Lapel Button
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Driver and Mechanic Badge with Mechanic Bar
* Bronze German Army Marksmanship Badge 

* Item 18 (Remarks) no entry for his deployed service to Bosnia

5.  His records contain and he provides a memorandum, issued by the Adjutant, 793rd MP Battalion, Operation Joint Endeavor, confirming the applicant's service in Hungary from 28 December 1995 to 8 January 1996 and Bosnia-Herzegovina from 9 January 22 March 1996.  He received hostile fire/imminent danger pay (HF/IDP) from 8 January to 22 March 1996. 

6.  He also provides a DA Form 638, dated 31 July 1997 awarding him the Army Commendation Medal for service from 19 September 1992 to 20 September 1997 by authority of Permanent Orders (PO) Number 52-2, issued by Headquarters, 16th MP Brigade.  

7.  He also provides a printout from a DOD website announcing approval of the award of the Armed Forces Expeditionary Medal in addition to the Armed Forces Service Medal to qualifying members who served in Bosnia-Herzegovina in support of Operation Joint Endeavor (20 November 1995 to 19 December 1996) or Operation Joint Guard (20 December 1996 to 20 June 1998).  

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

10.  U.S. Army Personnel Command Message Number 99-100, dated 121605Z March 1999, authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal as a one-time exception to DOD and Service policy, for qualifying service in support of Operations Joint Endeavor and Operation Joint Guard in Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina or aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period, for the purpose of this award from 20 November 1995 to 19 December 1996 for Operation Joint Endeavor also for the purpose of this award from 20 December 1996 to 20 June 1998 for Operation Joint Guard.



DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal. 

2.  His records contain and he provides a memorandum confirming his service in Bosnia from 8 January 1996 to 22 March 1996.  This is further confirmed by the entry in item 5 of his DA Form 2-1.  Item 18 of his DD Form 214 does not show this deployment. 

3.  The evidence of record shows he served a qualifying period in Bosnia during Operation Joint Endeavor from 8 January 1996 to 22 March 1996.  He meets the criteria for award of the Armed Forces Expeditionary Medal. 

BOARD VOTE:

________  ________  ________  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:

* adding to item 13 of his DD Form 214 the Army Commendation Medal and Armed Forces Expeditionary Medal (Bosnia)
* adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19960108 - 19960322"



      _______ _   _______   ___
               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)                                         AR20150002086





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ABCMR Record of Proceedings (cont)                                         AR20150002086



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