IN THE CASE OF: BOARD DATE: 26 July 2011 DOCKET NUMBER: AR20100030232 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 award of the Armed Forces Expeditionary Medal (AFEM). 2. He states he served in Bosnia as part of Operation Joint Guard from August 1997 to June 1998. 3. He provides: * Self-authored statement * DD Form 214 * DA Form 638 (Recommendation for Award) with Army Achievement Medal (AAM) certificate * Fact File * Orders 264-36, dated 20 September 1996 * DA Form 31 (Request and Authority for Leave) * Photograph 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’s records show he enlisted in the Regular Army on 5 April 1995. He was honorably released from active duty on 4 April 1999. 3. Item 12f (Foreign Service) of his DD Form 214 shows he was credited with 1 year, 10 months, and 17 days of foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the same form shows the: * Armed Forces Service Medal * AAM (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * [NATO] North Atlantic Treaty Organization Medal 4. Item 18 (Remarks) of his DD Form 214 does not show he served in Bosnia. 5. The DA Form 638 and certificate he provided shows he was awarded the AAM for exceptional achievement while serving as part of Operation Joint Guard from 12 August 1997 to 30 June 1998. 6. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Bosnia from 12 August 1997 to 28 June 1998. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia). 8. Military Personnel Message (MILPER) 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). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard. 9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief. Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is entered in item 18. DISCUSSION AND CONCLUSIONS: 1. The applicant received the AAM for his achievement while serving as part of Operation Joint Guard. Additionally, his DA Form 2-1 verifies his service in Bosnia from 12 August 1997 to 28 June 1998. Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Bosnia. 2. This period of service also qualifies him for award of the AFEM which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award. 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: * adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal * adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19970812 - 19980628." __________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) AR20100030232 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100030232 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1