IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007970 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 records to show award of the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states he served in Bosnia from 13 April 1996 to 23 April 1997 in support of Operation Joint Endeavor (OJE) with the 501st Military Intelligence (MI) Battalion (attached to Tuzia Main) at Mount Vis. He was awarded the North Atlantic Treaty Organization (NATO) Medal. His request is based on his service in support of OJE and Operation Joint Guard (OJG). He cites the authority for award of the AFEM in Public Law 105-85, section 572 (Eligibility for AFEM for Participation in OJE or OJG). He adds that evidence that he was awarded the AFEM will allow him to qualify for the government's 5-point veteran preference. 3. The applicant provides copies of a: * DA Form 1695 (Oath of Extension of Enlistment) * AFEM Authorized Operations * two Memorandums for Record (MFR) * Certificate of Achievement * OJE – Headquarters, U.S. Army, Europe and Seventh Army Certificate * OJG – 101st MI Battalion Bosnia-Herzegovina Certificate * two NATO Medal Certificates * Memorandum, subject: Army Superior Unit Award and Certificate * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 25 February 1993 for a period of 4 years. He was awarded military occupational specialty 98G (Voice Interceptor) with language qualifications in Russian and Croatian. He was promoted to specialist (E-4) on 1 March 1995. On 26 July 1996, he extended his 4-year enlistment to a period of 4 years and 5 months. 3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) – * Guantanamo Bay, Cuba, from 14 March 1995 through 5 July 1995 * Bosnia from 28 July 1996 through 12 April 1997 * item 9 (Awards, Decorations, and Campaigns) – * National Defense Service Medal * Army Service Ribbon * Army Good Conduct Medal * NATO Medal * Armed Forces Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar 4. The applicant's DD Form 214 shows he was honorably released from active duty on 24 July 1997. He had completed 4 years and 5 months of net active duty this period. It also shows in: a. item 12 (Record of Service), block f (Foreign Service): 1 year, 0 months, and 7 days; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Lapel Button * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Service Medal * Army Service Ribbon * NATO Medal * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar c. item 18 (Remarks): no entry that the applicant deployed to a foreign country with his unit. 5. In support of his application the applicant provides the following documents. a. AFEM Authorized Operation list that shows, in pertinent part, the AFEM is authorized for U.S. military operations in: (1) Bosnia-Herzegovina and Croatia for: * OJE from 1 June 1992 to 19 December 1996 * OJG from 20 December 1996 to 20 June 1998 (2) It also shows members awarded the Armed Forces Service Medal (AFSM) for qualifying service in Bosnia-Herzegovina and Croatia are authorized both the AFSM and AFEM pursuant to Public Law 105-85, section 572, in accordance with Secretary of Defense guidance approved on 24 February 1999. b. Headquarters, 501st MI Battalion, MFR, dated 11 August 1996, subject: AFSM and NATO Medal Eligibility, that shows the adjutant verified award of the AFSM and NATO Medal to Soldiers of the battalion (on an attached list) who served in Bosnia during OJE. (The attachment was not provided by applicant). c. Headquarters, 501st MI Battalion, OJE, MFR, dated 24 October 1996, subject: Deployment, that shows the adjutant confirmed the applicant deployed to Bosnia-Herzegovina on 13 April 1996, while assigned to Headquarters, Headquarters and Service Company, 501st MI Battalion, and that he was reassigned to the 1st Infantry Division. d. Certificate of Achievement, dated 3 November 1996, awarded by the battalion commander to the applicant for his outstanding performance as a member of the Lowroller Platoon, 501st MI Battalion during OJE in support of Task Force Eagle. e. OJE – Headquarters, U.S. Army, Europe and Seventh Army Certificate that shows the commander in chief recognized the applicant for his outstanding service in support of forces in OJE. f. OJG – 101st MI Battalion Bosnia-Herzegovina Certificate awarded to him by the commander and command sergeant major for his service with the 101st MI Battalion as a member of the peacekeeping force in the former Republic of Yugoslavia. g. two certificates that show the applicant was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia in Bosnia- Herzegovina during the periods 13 April 1996 to 14 November 1996 and 26 July 1996 to 23 April 1997. h. Headquarters, 165th MI Battalion, memorandum, dated 17 March 1997, subject: Army Superior Unit Award (and a Certificate) that show Task Force Eagle, 1st Armored Division and participating units, including the 165th MI Battalion (Tactical Exploitation), was awarded the Army Superior Unit Award for meritorious performance from 10 April 1994 to 7 November 1996. 6. Headquarters, Department of the Army, General Orders Number 25, dated 8 June 2001, as amended by General Orders Number 9, dated 18 November 2005, in pertinent part, awarded the Army Superior Unit Award for meritorious service to the following units: * Task Force Eagle (Implementation Force), 1st Armored Division for the period 15 October 1995 to 10 December 1996, and assigned or attached units, including, in pertinent part – * 165th MI Battalion, including Headquarters, Headquarters and Service Company, Company A, and Company D * 501st MI Battalion * Task Force Eagle (Covering Force), 1st Infantry Division for the period 10 November 1996 to 4 April 1997, and assigned or attached units, including, in pertinent part, 101st MI Battalion, including Headquarters, Headquarters and Service Company, Company C, and Company D 7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations. b. Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of OJE and OJG from 1 June 1992 to 28 June 1998, only for participants deployed in Bosnia–Herzegovina and Croatia. c. Headquarters, U.S. Army Personnel Command, Military Personnel Message Number 99-100, issued 12 March 1991, subject: Award of the AFEM for OJE and OJG, shows the Secretary of Defense approved award of the AFEM in addition to the AFSM to certain participants of OJE and OJG as a one-time exception to Department of Defense (DoD) and service policies. (1) The one-time exception was to permit the award of the two medals for the same operation and period of service. (2) Award of the AFEM is limited to those participants in, or those providing direct support to, OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia; aboard U.S. Naval vessels operating in the Adriatic Seas; or aboard aircraft in the respective air spaces. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It states for: a. item 12, block f, enter the total amount of foreign service completed during the period covered by the DD Form 214; b. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records; and c. item 18, for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served overseas, as follows: * item 5 of his DA Form 2-1 – * Cuba: 14 March 1995 through 5 July 1995 * Bosnia: 28 July 1996 through 12 April 1997 * his NATO Medal Certificates for Bosnia-Herzegovina – * 13 April 1996 through 14 November 1996 * 26 July 1996 through 23 April 1997 a. Based on the evidence of record it is concluded that he served overseas in Bosnia-Herzegovina from 13 April 1996 through 23 April 1997. b. A computation of his periods of overseas service shows the following: 1995  07  05 date returned to United States - 1995  03  14 date departed United States enroute to Cuba =  00  03  21 + _ 1 inclusive day =  00  03  22 overseas service (Cuba) 1997  04  23 date returned to United States - 1996  04  13 date departed the United States enroute to Bosnia =  01  00  10 + _ 1 inclusive day =  01  00  11 overseas service (Bosnia-Herzegovina) c. A computation of his total foreign service shows the following: 00 03 22 Cuba + 01 00 11 Bosnia-Herzegovina = 01 03 33 which converts to: 01 04 03 total foreign service (item 12, block f) 2. Records confirm the applicant served in Bosnia-Herzegovina in support of OJE and OJG. a. He was authorized the AFSM for this service. b. This service also qualified him for award of the AFEM. c. DoD and Army awards policy allows a one-time exception to policy for award of both the AFSM and AFEM for this service. d. Therefore, it would be appropriate to correct his DD Form 214 to show award of the AFEM. 3. General orders awarded the Army Superior Unit Award to Task Force Eagle (Implementation Force), 1st Armored Division (including the 501st MI Battalion) for the period 15 October 1995 to 10 December 1996 and Task Force Eagle (Covering Force), 1st Infantry Division (including the 101st MI Battalion) for the period 10 November 1996 to 4 April 1997. a. The evidence of record shows the applicant was assigned to Headquarters, Headquarters and Service Company, 501st MI Battalion from 13 April 1996 through 3 November 1996 and to 101st MI Battalion (the period of his assignment/attachment is not specified). b. Based on the available evidence of record, it is reasonable to conclude that the applicant is entitled to correction of his records to show award of the Army Superior Unit Award. 4. In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his total foreign service, overseas deployments, and awards and decorations, as recommended below. 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. deleting the current entry from item 12, block f, and adding the entry "01 04 03" (i.e., 1 year, 4 months, 3 days); b. adding to item 13 of his DD Form 214 the: * Armed Forces Expeditionary Medal * Army Superior Unit Award c. adding to item 18 of his DD Form 214 the following entries: * "SERVICE IN CUBA FROM 19950314–19950705" * "SERVICE IN BOSNIA-HERZEGOVINA FROM 19960413–19970423" _______ _ _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) AR20150007970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007970 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1