IN THE CASE OF: BOARD DATE: 11 January 2011 DOCKET NUMBER: AR20100018120 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 7 months of foreign service in Bosnia and award of the Armed Forces Expeditionary Medal (AFEM) for participation in support of Operation Joint Forge. 2. He states: a. He believes the reason for the error regarding his overseas service is the fact that he was out-processing when he returned from Bosnia. b. He believes the reason for the error regarding him not receiving the AFEM is the fact that his DD Form 214 does not show any overseas time and the medal was not authorized for this operation until after he was discharged. 3. He provides a copy of his DD Form 214 in support of his application. 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 29 August 1995. 3. Permanent Orders Number 131-358, dated 13 May 1998, show he was awarded the Army Good Conduct Medal (First Award) for the period 29 August 1995 through 28 August 1998. 4. He was released from active duty on 28 August 1999. Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service. 5. His DD Form 214 does not show the AFEM as an authorized award. 6. In a 22 November 2010 email, the Defense Finance and Accounting Service (DFAS) informed a staff member that the applicant received hostile fire pay (HFP)/Imminent Danger Pay (IDP) and Combat Zone Tax Exemption (CZTE) for the period 31 August 1998 through 15 March 1999 for Bosnia-Herzegovina. 7. Military Personnel Message Number 99-157 implemented the policy to allow award of either the AFEM or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the AFEM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia. Award of the Armed Forces Service Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary. Unlike the AFEM and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge, under any circumstance. DISCUSSION AND CONCLUSIONS: 1. The applicant's military pay records at DFAS indicate he received HFP/IDP and CZTE for Bosnia-Herzegovina during the period 31 August 1998 through 15 March 1999, which is a period of 6 months and 14 days. However, his DD Form 214 does not show any foreign service. His military pay records are accepted as sufficient as a basis to amend his DD Form 214 to show his foreign service in Bosnia. 2. Based on the correction in paragraph 1, above, he served a period of qualifying service in Bosnia for award of the AFEM and correction of his DD Form 214 to show this award. 3. Orders show he was awarded the Army Good Conduct Medal (First Award); therefore, this award should be added to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 12f of his DD Form 214 to show 6 months and 14 days of foreign service; and b. amending his DD Form 214 by adding the AFEM and the Army Good Conduct Medal (First Award). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing 7 months of foreign service. _______ _ _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) AR20100018120 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018120 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1