BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018139 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ _x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018139 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018139 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 Service Medal (AFSM). 2. The applicant states that he served with Task Force (TF) 6/502nd Infantry in support of Operation Able Sentry in the former Republic of Yugoslavia. The AFSM was awarded for Operation Able Sentry after he was discharged from the U.S. Army. He states that he was awarded the United Nations (UN) Medal for participating in this operation. He adds that correcting his records to show award of the AFSM will provide evidence that he is eligible for veterans' preference for government employment. 3. The applicant provides a copy of his UN Medal certificate. 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 U.S. Army Reserve (USAR) on 23 April 1991 for a period of 8 years. 3. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty for training (ADT) on 22 June 1992, honorably released from ADT on 14 August 1992, and transferred to a USAR unit. He had completed 1 month and 23 days of net active duty service during this period. It also shows in: * item 11 (Primary Specialty): 11C1O, Indirect Fire Infantryman * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the – * Army Service Ribbon * Expert Marksmanship Qualification Badge with Mortar Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Marksman Marksmanship Qualification Badge with Grenade Bar 4. The applicant enlisted in the Regular Army (RA) on 29 April 1993 for a period of 3 years. a. He attained the rank of specialist/pay grade E-4 on 1 December 1994. b. He extended his enlistment in the RA for a period of 17 months. 5. His DA Form 2-1 (Personnel Qualification Record), in pertinent part, shows in: * item 5 (Oversea Service) – * Germany from 12 May 1993 through 16 July 1994 * Macedonia from 12 July 1993 through 5 January 1994 * item 9 (Awards, Decorations and Campaigns) the – * Army Service Ribbon * UN Medal * Joint Meritorious Unit Award * Army Superior Unit Award * National Defense Service Medal * Overseas Service Ribbon * Humanitarian Service Medal * item 35 (Record of Assignments): Company C, 6th Battalion, 502nd Infantry (Berlin, Germany), with duty in Macedonia (Operation Able Sentry) from 12 July 1993 through 5 January 1994 6. A DD Form 214 shows he entered active duty this period on 29 April 1993 and he was honorably discharged on 14 September 1995. He had completed 2 years, 4 months, and 16 days of net active duty service during this period that included 1 year, 2 months, and 5 days of foreign service. It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the – * Joint Meritorious Unit Award * Army Superior Unit Award * National Defense Service Medal * Humanitarian Service Medal * Army Service Ribbon * Overseas Service Ribbon * UN Medal 7. A review of the applicant's military personnel records failed to reveal evidence that he was awarded the AFSM. 8. In support of his application the applicant provides a copy of a certificate that shows he was awarded the UN Medal for service with the UN Protection Force (UNPROFOR) while assigned to TF 6/502nd Infantry during the period 12 July 1993 to 30 October 1993. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility. b. Table 2-5 (AFSM - Designated U.S. Military Operations) shows the AFSM was authorized for participants deployed in direct support of Operation Able Sentry from 20 November 1995 to 19 December 1996. DISCUSSION: 1. The applicant contends that his records should be corrected to show award of the AFSM. 2. Records show the applicant served with TF 6/502nd Infantry in Macedonia in support of Operation Able Sentry from 12 July 1993 through 5 January 1994. It also shows he was awarded the UN Medal for service with UNPROFOR while assigned to TF 6/502nd Infantry during the period 12 July to 30 October 1993. a. The evidence of record shows the AFSM is authorized for participants deployed in direct support of Operation Able Sentry from 20 November 1995 to 19 December 1996. b. The evidence of record does not show that the applicant's period of service in Macedonia qualified him for the AFSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018139 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2