BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160006641 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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: 15 May 2018 DOCKET NUMBER: AR20160006641 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 the Armed Forces Service Medal (AFSM). 2. The applicant states, in effect, he served as Assistant Operations Officer in support of Operation Able Sentry under Joint Task Force Provide Promise in the Former Yugoslav Republic of Macedonia from 9 June to 8 December 1994. His service meets the requirements for award of the AFSM. 3. The applicant provides copies of: * DA Form 67-8 (US Army Officer Evaluation Form) * Officer Record Brief (ORB) * DA Form 638-1 (Recommendation for Award) * two Defense Finance and Accounting Service Military Leave and Earning Statements * Joint Meritorious Unit (JSM) Award Citation * JSM Orders * DD Form 1610 (Request and Authorization for Temporary Duty Travel of Department of Defense Personnel) * DA Form 67-8-1 (Officer Evaluation Report Support Form) * United Nations Medal Certificate * List of Subordinate Units Eligible for the JMUA * DD Form 214 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 was appointed an officer in the Army of the United States on 29 May 1993. 3. An Army Commendation Medal (ARCOM) Certificate, annotated with Permanent Order Number 321-03, dated 17 November 1994, shows he was awarded the ARCOM for meritorious service as Operations Center Officer-in- Charge during Operation Able Sentry II from 15 June 1994 to 8 December 1994. 4. His records contain an ORB dated 8 July 2000, which shows he served in Macedonia from 15 June 1994 through 7 December 1994. 5. He was honorably discharged from active duty on 15 May 2000. The DD Form 214 he was issued at the time shows in: a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Meritorious Service Medal * ARCOM (4th Award) * Army Achievement Medal (2nd Award) * JMUA * Army Service Ribbon * United Nations Medal * Parachutist Badge b. Block 18 (Remarks) – no entries related to deployed service REFERENCES: 1. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Armed Forces Service Medal is awarded to service members of the Armed Forces of the United States who: (1) participate or have participated in a U.S. military operation that is deemed to be a significant activity and (2) encounter no foreign-armed opposition or imminent threat of hostile action. The Armed Forces Service Medal may be awarded for U.S. military operations in direct support of the United Nations or North Atlantic Treaty Organization and for operations of assistance to friendly foreign nations. 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 operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations, or meet the following criteria: (1) While participating as a regularly assigned air crewmember, accumulates 15 days service (consecutive and/or nonconsecutive) flying sorties into, out of, within, or over the area in direct support of military operations. (2) 1 day of service is credited for the first sortie flown on any day and additional sorties flown on the same day receive no further credit. b. The Chairman of the Joint Chiefs of Staff will designate U.S. military operations on or after 1 June 1992 that qualify for the Armed Forces Service Medal. Designated U.S. military operations approved for award of the Armed Forces Service Medal include Operation Able Sentry for participants deployed in support of operations in the Former Republic of Yugoslavia during the period 12 July 1993 to 31 March 1999. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It contains guidance for preparation of the DD Form 214 and states that for Block 18, for Soldiers deployed with his or her unit during their continuous period of active service, the preparer should enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant's records show he served a qualifying period for the AFSM; however, this award is not shown on his DD Form 214. 2. Additionally, item 18 of his DD Form 214 does not show his foreign service in the Former Yugoslav Republic of Macedonia from 15 June through 7 December 1994. BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160006641 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 1996 by: * adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Armed Forces Service Medal * adding to item 18 (Remarks) the entry "SERVICE IN THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA FROM 19940615-19941207" 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006641 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006641 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2