BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006270 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 his deployed service to Bosnia and award of the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states that correction of his DD Form 214 would permit him to join the Veterans of Foreign Wars. 3. The applicant provides copies of: * Orders 135-00231, Fort Knox, Kentucky, dated 14 May 1996, with 1st Endorsement, dated 9 June 1996 * Press release, dated 23 March 1999, announcing Secretary of the Defense approval of the AFEM in addition to the Armed Forces Service Medal for service in support of Operation Joint Endeavor or Operation Joint Guard * DD Form 214, Member Copy 4 * Memorandum for Individual Concerned, subject: Verification of Operation Joint Endeavor Service, undated * DA Form 2-1 (Personnel Qualification Record – Part II) first page only * A table of operations for which the AFEM is authorized 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 2 June 1993. He completed his initial training as a military policeman. 3. Records show the applicant qualified as an expert with the hand grenade on 3 August 1993. 4. The applicant was assigned for duty in the Republic of Korea (ROK) from on or about 7 November 1993 to 6 November 1994. 5. Records show the applicant qualified as a sharpshooter with the M-16 rifle on 12 March 1996. 6. Records show the applicant was assigned for duty in Bosnia from on or about 27 May to 12 November 1996. 7. Records show the applicant qualified as a marksman with the 9 millimeter pistol on 19 February 1997. 8. The applicant's DD Form 214 shows he was honorably released from active duty on 20 December 1999. He had attained the rank of specialist, pay grade E-4 and had completed 6 years, 6 months, and 19 days of creditable active duty service. His DD Form 214 does not indicate in Item 18 (Remarks) his deployment to Bosnia. The form list the following awards in Item 13: * North Atlantic Treaty Organization (NATO) Medal * Army Achievement Medal (2 awards) * Army Superior Unit Award * Army Good Conduct Medal (2 awards) * National Defense Service Medal * Armed Forces Service Medal * Army Service Ribbon * Overseas Service Ribbon 9. Army Regulation 600-8-22 (Military Awards): a. authorizes the Korea Defense Service Medal to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 10. Army Regulation 635-5 (Separation Documents), as in effect shortly after the applicant completed his period of active duty service, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that Item 18 would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD - YYYYMMDD)." 11. Military Personnel (MILPER) Message Number 99-100 authorized award of both the AFSM and the AFEM, 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). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show his deployed service to Bosnia and award of the AFEM. 2. The available evidence shows the applicant qualified for the following marksmanship badges, which should be shown on his DD Form 214: * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar 3. The available evidence shows the applicant participated in Operation Joint Endeavor in Bosnia during the period 27 May to 12 November 1996 which authorizes him the AFEM. Therefore, his DD Form 214 should be corrected to show this medal. 4. The available evidence shows the applicant served a qualifying period of service in the ROK for award of the Korea Defense Service Medal. Therefore, this medal should be shown on his DD Form 214. 5. Records indicate that the applicant was deployed to Bosnia from 27 May to 12 November 1996. Therefore, it would be appropriate to show in Item 18 of his DD Form 214:"SERVICE IN BOSNIA: 19960527 - 19961112" BOARD VOTE: ___x_____ __x______ __x__ 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: a. adding to his DD Form 214 the: * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar b. adding to Item 18 of his DD Form 214 the entry: "SERVICE IN IN BOSNIA: 19960527 - 19961112" ___________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) AR20140017667 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006270 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1