BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150018435 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: 4 April 2017 DOCKET NUMBER: AR20150018435 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the Armed Forces Expeditionary Medal to his DD Form 214 for the period ending 10 June 1998. ___________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: 4 April 2017 DOCKET NUMBER: AR20150018435 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: a.  He was sent to Bosnia and Croatia a few times during his deployment to Hungary in 1997 and 1998. b.  He has orders, memoranda, and temporary duty documents that show he was in Bosnia. He should be awarded the AFEM based on his service in Bosnia. 3. The applicant provides: * 88th Regional Support Command, U.S. Army Reserve (USAR), Order 241-108, dated 21 August 1997 * Headquarters, National Support Element, Operation Joint Guard, memorandum, dated 5 December 1997, subject: Engineer Reconnaissance and Force Protection Mission * 450th Transportation Battalion (Movement Control), 1st Theater Movement Control Agency (Forward), memorandum, dated 15 December 1997, subject: Hazardous Fire Pay and Combat Zone Tax Exclusion (HFP/CZTE) * Headquarters and Headquarters Company, 1st Armored Division, G-4, 528th Movement Control Team Detachment-Tuzla Main, memorandum, dated January 1998, subject: Request for Soldier with Rail Training * email, dated 7 February 1998 * 450th Transportation Battalion (Movement Control), 1st Theater Movement Control Agency, Operation Joint Guard, memorandum, dated 9 February 1998, subject: Request for Orders * DD Form 1610 (Request and Authorization for Temporary Duty Travel of Department of Defense Personnel) * USAR Personnel Command letter, dated 24 January 2000 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. Having prior enlisted service in the U.S. Navy and Army National Guard, the applicant enlisted in the USAR on 17 April 1994. 3. 88th Regional Support Command Order 241-108, dated 21 August 1997, shows he was ordered to active duty in support of Operation Joint Guard for a period of 11 days and he was attached to the 1151st Transportation Company. 4. Headquarters, National Support Element, Operation Joint Guard, Tuzla, Bosnia-Herzegovina, memorandum, dated 5 December 1997, subject: Engineer Reconnaissance and Force Protection Mission, shows he was part of a convoy travel team from Hungary to Croatia on 10 December 1997. 5. He provided page 1 of a 450th Transportation Battalion (Movement Control), 1st Theater Movement Control Agency (Forward), Tuzla, Bosnia-Herzegovina, memorandum, dated 15 December 1997, subject: HFP/CZTE, which lists Reserve Component personnel authorized to receive HFP/CZTE pay. His name is not listed on the page he provided. 6. Headquarters and Headquarters Company, 1st Armored Division/G-4, 528th Movement Control Team Detachment-Tuzla Main, Tuzla, Bosnia-Herzegovina, memorandum, dated January 1998, shows the commander requested the applicant's temporary duty assignment to the unit during the period 8 through 27 February 1997 (should read 1998). On the same date, a request for movement was submitted. The mission was to help with the rail movements. 7. He provided a copy of an email, dated 7 February 1998, subject: Rail Expertise, from Major S____ C____, who officially requested rail personnel to serve as advisors and liaison to Multi-National Division-North. 8. 450th Transportation Battalion (Movement Control), 1st Theater Movement Control Agency, Operation Joint Guard, Tuzla, Bosnia-Herzegovina, memorandum, dated 9 February 1998, shows: a.  a request for National Support Element Movement Fragmentary Orders was submitted. b.  National Support Element Movement Fragmentary Orders 1132 to National Support Element Operation Orders 1-97 show the applicant was tasked to assist the 528th Movement Control Team Tuzla, Bosnia, in rail missions on 10 February 1998. His scheduled return date was listed as 25 February 1998. 9. His DD Form 1610, dated 9 February 1998, shows he ordered to temporary duty for 14 days for the purpose of training the Tuzla (Bosnia) Movement Control Team on railway operations with a proceeding date of on or about 10 February 1998. 10. His DA Form 638 (Recommendation for Award), dated 25 March 1998, shows he was awarded the Army Commendation Medal for the period 25 September 1997 to 15 May 1998 for his deployment to Taszar, Hungary, in support of Operation Joint Guard. 11. 450th Transportation Battalion (Movement Control), 1st Theater Movement Control Agency (Forward), Operation Joint Guard, Tuzla, Bosnia-Herzegovina, memorandum, dated 2 April 1998, subject: Announcement is Made of the Award of the Armed Forces Service Medal for Operation Joint Guard, shows he was awarded the Armed Forces Service Medal for the period the period 28 September 1997 to 12 May 1998 while assigned to Detachment 4, 1151st Transportation Company. 12. 450th Transportation Battalion (Movement Control), 1st Theater Movement Control Agency (Forward), Operation Joint Guard, Tuzla, Bosnia-Herzegovina, memorandum, dated 2 April 1998, subject: Announcement is Made of the Award of the Armed Reserve Components Achievement Medal, shows he was awarded the Armed Reserve Components Achievement Medal with 1st Oak Leaf Cluster for the period 2 February 1993 through 1 February 1997. 13. 1st Theater Movement Control Agency (Forward), 450th Transportation Battalion (Movement Control), Operation Joint Guard, Tuzla, Bosnia-Herzegovina, memorandum, dated 2 April 1998, subject: Announcement of the Award of the North Atlantic Treaty Organization (NATO) Medal, shows he was awarded the NATO Medal for the period 8 October 1997 to 12 May 1998 while assigned to Detachment 4, 1151st Transportation Company. The unit served in support of Operation Joint Guard in Hungary and Bosnia-Herzegovina. 14. 1st Theater Movement Control Agency (Forward), 450th Transportation Battalion (Movement Control), Operation Joint Guard, Tuzla, Bosnia-Herzegovina, memorandum, dated 6 May 1998, subject: Announcement of the Award of the Armed Forces Reserve Medal and Mobilization "M" Device, shows he was awarded the Armed Forces Reserve Medal with "M" Device in support of Operation Joint Guard while assigned to Detachment 4, 1151st Transportation Company, for the period 28 September 1997 to 12 May 1998. 15. On 10 June 1998, he was honorably released from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the: * Army Commendation Medal * Armed Forces Service Medal (AFSM) * Army Reserve Components Achievement Medal * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Expert Marksmanship Qualification Badge with Pistol Bar 16. On 24 January 2000, the USAR Personnel Command advised him the documentation he provided showed he deployed to Hungary in support of Operation Joint Endeavor; therefore, he was ineligible for award of the AFEM. 17. On 23 July 2010, he was issued a DD Form 215 (Correction to DD Form 214), which amended his DD Form 214 to show award of the: * Army Commendation Medal with 1st Oak Leaf Cluster * Army Reserve Components Achievement Medal with 1st Oak Leaf Cluster * Overseas Service Ribbon * NATO Medal REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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.  The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. However, this does not prevent award eligibility for subsequent ongoing operations if the associated campaign medal has been terminated. No individual will be eligible for both the AFEM and a campaign medal awarded during a single tour in the designated operation. c.  Table 2-4 (AFEM-Designated U.S. Military Operations in Direct Support of the United Nations) shows award of the AFEM is authorized for: (1)  Operation Joint Guard for the period 20 December 1996 to 20 June 1998 – only for participants who deployed in support of the Former Republic of Yugoslavia in Bosnia-Herzegovina. The Secretary of Defense approved award of the AFEM and AFSM to certain participants of Operation Joint Endeavor and Operation Joint Guard as a one-time exception to Department of Defense and Service policies. The area of eligibility is the total land area and airspace of the Former Republic of Yugoslavia, to include Bosnia-Herzegovina, Croatia, and Hungary, and the airspace above the portion of the Adriatic Sea that lies north of 40 degrees north latitude. (2)  Operation Joint Forge for the period 21 June 1998 to 23 March 1999 – only for participants who deployed in Bosnia-Herzegovina and Croatia, aboard naval vessels operating in the Adriatic Sea, and their respective airspace. Only one award of either the AFEM or the AFSM is authorized for participation in or direct support of Operation Joint Forge. DISCUSSION: 1. The evidence of record shows the applicant was awarded the NATO Medal for the period 8 October 1997 to 12 May 1998 while assigned to Detachment 4, 1151st Transportation Company. The unit served in support of Operation Joint Guard in Hungary and Bosnia-Herzegovina. 2. Records show he was awarded the AFSM for the period 28 September 1997 to 12 May 1998 while assigned to Detachment 4, 1151st Transportation Company. 3. The Secretary of Defense approved award of the AFEM and AFSM to certain participants of Operation Joint Endeavor and Operation Joint Guard as a one-time exception to Department of Defense and Service policies. The area of eligibility is the total land area and airspace of the Former Republic of Yugoslavia, to include Bosnia-Herzegovina, Croatia, and Hungary, and the airspace above the portion of the Adriatic Sea that lies north of 40 degrees north latitude. 4. The applicant met the eligibility criteria for award of both the AFEM and AFSM based on the one-time exception to Department of Defense and Service policies. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018435 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018435 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2