RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 February 2008 DOCKET NUMBER: AR20070013206 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. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Ms. Kathleen A. Newman Chairperson Mr. Jose A. Martinez Member Ms. Susan A. Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that the Armed Forces Service Medal (AFSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 2004. 2. The applicant states that the AFSM was administratively awarded to service members who served in the former Republic of Yugoslavia after 1 June 1992. Although he served in Bosnia-Herzegovina from 30 July 1997 through 17 February 1998, for which he received a Defense Meritorious Service Medal, a North Atlantic Treaty Organization (NATO) Medal, and a Task Force Eagle Certificate of Appreciation, he was not administratively awarded the AFSM. 3. The applicant provides his DD Form 214 for the period ending 1 June 2004; a Defense Meritorious Service Medal award certificate; a Multinational Division Certificate of Appreciation; a NATO Medal award certificate; and a description of the eligibility criteria for award of the AFSM. 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 was appointed a second lieutenant in the U. S. Army Reserve on 14 September 1983. 3. The applicant provided a Multinational Division Certificate of Appreciation and a NATO Medal award certificate that show he served in the Former Republic of Yugoslavia during Operation Joint Guard from 30 July 1997 to 17 February 1998. 4. The applicant’s records contained seven DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), from the Defense Attaché Office, U. S. Embassy, Sarajevo, Bosnia-Herzegovina, showing he performed the following special project duty: 24 July 1997 2 hours 25 July 1997 2 hours 26 July 1997 2 hours 27 July 1997 2 hours 28 July 1997 3 hours 29 July 1997 2 hours 30 July 1997 4 hours 31 July 1997 6 hours 1 August 1997 3 hours 3 August 1997 4 hours 5 August 1997 3 hours 8 August 1997 3 hours 12 August 1997 3 hours 15 August 1997 4 hours 19 August 1997 3 hours 22 August 1997 4 hours 25 August 1997 3 hours 28 August 1997 2 hours 29 August 1997 2 hours 30 August 1997 5 hours 8 September 1997 2 hours 10 September 1997 2 hours 11 September 1997 2 hours 12 September 1997 6 hours 13 September 1997 2 hours 23 September 1997 3 hours 24 September 1997 2 hours 26 September 1997 2 hours 27 September 1997 2 hours 30 September 1997 2 hours 1 October 1997 2 hours 2 October 1997 2 hours 6 October 1997 2 hours 9 October 1997 2 hours 14 October 1997 2 hours 17 October 1997 2 hours 29 October 1997 3 hours 2 November 1997 2 hours 3 November 1997 4 hours 5 November 1997 3 hours 13 November 1997 2 hours 11 December 1997 3 hours 15 December 1997 2 hours 16 December 1997 2 hours 14 January 1998 3 hours 15 January 1998 2 hours 16 January 1998 2 hours 20 January 1998 2 hours 26 January 1998 2 hours 27 January 1998 3 hours 28 January 1998 3 hours 29 January 1998 2 hours 5. A DA Form 1380 for February 1998 is not available. The above DA Forms 1380 add up to 139 inactive duty training hours over 52 days. 6. The applicant was ordered to active duty on 6 December 2001 in support of Operation Noble Eagle, served in Afghanistan from 28 December 2003 to 1 May 2004, and was released from active duty on 1 June 2004. 7. The applicant’s DD Form 214 for the period ending 1 June 2004 does not show he was awarded the AFSM. 8. Army Regulation 600-8-22 provides for award of the AFSM for qualifying service in support of Operations Joint Endeavor and Joint Guard in Bosnia-Herzegovina during the period 20 December 1996 to 20 June 1998. Service members must have been bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations or for 60 nonconsecutive days provided that support involved entering the area of operations or met the following criteria: (1) while participating as a regularly assigned aircrew member, accumulated 15 days service (consecutive or nonconsecutive) flying sorties into, out of, within, or over the area in direct support of the military operations; and (2) one day’s service was credited for the first sortie flown on any day. Any additional sorties flown on the same day received no further credit. DISCUSSION AND CONCLUSIONS: 1. The available evidence of record shows that the applicant performed 52 days of nonconsecutive duty in Bosnia-Herzegovina in support of Operation Joint Guard. In addition, the available evidence of record shows that those days were not full days, but rather consisted of inactive duty days performed for from 2 to 6 hours at a time. 2. There is insufficient evidence to show that the applicant met the eligibility criteria for award of the AFSM. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __kan___ __jam___ __sap___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __Kathleen A. Newman__ CHAIRPERSON INDEX CASE ID AR20070013206 SUFFIX RECON DATE BOARDED 20080212 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 107.00 2. 3. 4. 5. 6.