PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002070921

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen H. Newman		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show award of the Armed Forces Service Medal, the Armed Forces Expeditionary Medal, and a second award of the Army Commendation Medal correctly known as the Army Commendation Medal (First Oak Leaf Cluster).

3.  The applicant states that awards of the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for service in Operation Joint Guard were authorized after his separation from the service.  He also states that he received another award of the Army Commendation Medal after he was separated from the service. 

4.  In support of his application, the applicant submitted a copy of Military Personnel Message 99-100; a copy of XVIII Airborne Corps Orders 108-001, dated 18 April 1997; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 January 1998; a copy of a Task Force Eagle Certificate of Appreciation for duty in the former Republic of Yugoslavia; a copy of a certificate for award of the North Atlantic Treaty Organization Medal for service during the period May 1997 to October 1997; a copy of an award certificate for the Army Commendation Medal for meritorious service from 1 September 1992 to 15 August 1995; and a copy of an award certificate for the Army Commendation Medal for meritorious service from 12 February 1996 to 19 January 1998.

5.  The applicant’s military records show that he initially served in the U. S. Army Reserve.  He entered the Regular Army on 1 September 1992 and served until he was honorably separated on 19 January 1998.

6.  The applicant’s DD Form 214 does not show award of the Armed Forces Expeditionary Medal or two awards of the Army Commendation Medal in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).  His DD Form 214 does show entitlement to the Armed Forces Service Medal and one award of the Army Commendation Medal.

7.  XVIII Airborne Corps Orders 108-001, dated 18 April 1997 show the applicant was deployed in April 1997 to support Operation Joint Guard for the period April 1997 to October 1997.  

8.  Records show that the applicant was awarded the Army Commendation Medal for meritorious service from 1 September 1992 to 15 August 1995 based on 37th Transportation Command Permanent Orders 165-2, dated 14 June 1995. 

9.  Records also show that the applicant was awarded the Army Commendation Medal for meritorious service from 12 February 1996 to 19 January 1998 based on 229th Aviation Regiment Permanent Orders 269-11, dated 26 September 1997.
10.  Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) 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, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 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.

11.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Commendation Medal.

CONCLUSIONS:

1.  The applicant served in Operation Joint Guard from May 1997 to October 1997.  This period of service qualified under the special exception for award of the both the Armed Forces Service Medal and Armed Forces Expeditionary Medal for the same period of service during Operation Joint Guard.  Since the applicant’s DD form 214 already shows award of the Armed Forces Service Medal, he is entitled only to correction of his records to show award of the Armed Forces Expeditionary Medal for service in Operation Joint Guard.

2.  Orders show the applicant received two awards of the Army Commendation Medal.  Therefore he is entitled to correction of his records to show the Army Commendation Medal (First Oak Leaf Cluster).

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Armed Forces Expeditionary Medal and the Army Commendation Medal (First Oak Leaf Cluster). 
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__KAN__  __MHM__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mr. Melvin H. Meyer_
		        CHAIRPERSON

INDEX

CASE ID	AR2002070921	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020514	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.