BOARD DATE: 27 OCTOBER 2015
DOCKET NUMBER: AR20150004249
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 reflect award of the Armed Forces Expeditionary Medal.
2. The applicant states the award was not authorized until after his release from active duty, thus it was not entered on his DD Form 214.
3. The applicant provides:
* U.S. Department of Defense news release, dated 23 March 1999
* 5th Personnel Service Battalion, Permanent Orders 261-71, dated 18 September 1997
* deployment manifest
* Task Force Eagle, Headquarters, Multinational Division (North), Unit Movement Order 987120
* redeployment manifest
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 4 July 1998
* Defense Finance and Accounting Service Military Leave and Earnings Statement covering the period 1-31 January 1998
* DA Form 638 (Recommendation for Award), dated 4 June 1998
* North Atlantic Treaty Organization (NATO) Medal Certificate
* Certificate of Appreciation
* 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 6 April 1995.
3. 5th Personnel Service Battalion Permanent Orders 261-71, dated 18 September 1997, assigned him to U.S. Army Forces Command in a temporary change of station status for the purpose of deployment to Bosnia on or about 19 September 1997.
4. A DA Form 638, dated 4 June 1998, shows he was awarded the Army Achievement Medal for meritorious performance while deployed to Bosnia in support of Operation Joint Guard from 21 September 1997 through 15 June 1998. He was also awarded the NATO Medal for service with NATO operations in Bosnia-Herzegovina from 29 September 1997 through 25 June 1998.
5. Task Force Eagle, Headquarters, Multinational Division (North), Unit Movement Order 987120, dated 11 June 1998, redeployed U.S. Army Forces Command from Bosnia to Fort Polk, LA, on or about 21 June 1998.
6. The Defense Finance and Accounting Service reviewed the applicant's Master Military Pay Account and determined he received hostile fire pay/imminent danger pay and combat zone tax exclusion for deployment to Bosnia from 26 September 1997 through 30 June 1998.
7. On 14 January 1999, he was honorably released from active duty to attend school. His DD Form 214 shows he was awarded or authorized, in part, the Armed Forces Service Medal. It does not show he was awarded or authorized the Armed Forces Expeditionary Medal.
REFERENCES:
1. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.
An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-4 (Armed Forces Expeditionary Medal-designated U.S. Military Operations in Direct Support of the United Nations) lists Operation Joint Guard in Bosnia-Herzegovina from 20 December 1996 through 20 June 1998 as an authorized operation for award of the Armed Forces Expeditionary Medal.
2. Military Personnel Message 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). This exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.
DISCUSSION:
1. The applicant's request for correction of his DD Form 214 to reflect award of the Armed Forces Expeditionary Medal was carefully considered.
2. Multiple sources corroborate that he was deployed to Bosnia in support of Operation Joint Guard from 26 September 1997 through 30 June 1998 which is a qualifying period for award of the Armed Forces Expeditionary Medal.
3. The applicant was awarded the Armed Forces Service Medal for this period. As an exception to policy, qualifying service in Bosnia in support of Operation Joint Guard during the period the applicant served allowed for award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for the same service.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20150004249
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ABCMR Record of Proceedings (cont) AR20150004249
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