BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20150018205 BOARD VOTE: __x_______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20150018205 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by: a. awarding him the Armed Forces Expeditionary Medal (Bosnia) and b. adding award of the Armed Forces Expeditionary Medal (Bosnia) to his DD Form 214. __________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: 20 July 2017 DOCKET NUMBER: AR20150018205 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 award of the Armed Forces Expeditionary Medal (AFEM) and correction of item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award. 2. The applicant states his service in Bosnia from 5 February to 26 August 1996 and from 24 September 1997 to 1 February 1998 entitles him to award of the AFEM. He did not receive the AFEM prior to release from active duty (REFRAD) in September 1998 because it was not authorized for his qualifying period of service until 24 February 1999 pursuant to section 572, Public Law 105-85. 3. The applicant provides: * DD Form 214 * AFEM Authorized Operations Listing 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 16 September 1994. He held military occupational specialty 19K (M1 Abrams Armor Crewman). 3. On 15 September 1998, he was honorably REFRAD in the rank of sergeant/E-5 after completing 4 years of creditable active service. His DD Form 214 does not list award of the AFEM; however, the remarks block lists his Bosnia service as 5 February to 26 August 1996 and 24 September 1997 to 1 February 1998. 4. Information obtained from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received hostile fire pay/imminent danger pay from 12 February through 1 June 1996 for service in Bosnia-Herzegovina. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military 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 for Operation Joint Endeavor from 20 November 1995 to 19 December 1996 and Operation Joint Guard from 20 December 1996 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia). No more than one medal will be awarded to any one service member. For each succeeding operation, conducted in a different theater of operations or against a different enemy or armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated that 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)" was to be entered in item 18. DISCUSSION: The applicant's DD Form 214 lists his deployments to Bosnia from 5 February to 26 August 1996 and from 24 September 1997 to 1 February 1998 in support of Operation Joint Endeavor and Operation Joint Guard, respectively. In addition, his DFAS record confirms his receipt of hostile fire pay/imminent danger pay during his initial period of Bosnia service. By regulation, a Soldier can only receive one award of the AFEM for service in the same theater of operations against the same enemy or armed force. The applicant's two tours of duty in Bosnia qualify him for one AFEM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018205 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018205 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2