IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000437 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 IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000437 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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000437 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 award of the Armed Forces Expeditionary Medal or Armed Forces Service Medal. 2. The applicant states he served on active duty during a "war-time" era from 1996 to 1999. The intent of this process is for updating his Veterans' preference for civil service applications, especially with the Bureau of Land Management. 3. The applicant provides his DD Form 214 and a letter from the Department of Veterans Affairs (VA). 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 28 August 1996 and he held military occupational specialty 12B (Combat Engineer). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * Item 5 (Overseas Service) – he served in Hawaii from 29 December 1996 to 27 August 1999, a period of 2 years, 7 months, and 29 days * Item 9 (Awards, Decorations, and Campaigns) – all the awards listed on his DD Form 214 4. He was honorably released from active duty on 27 August 1999. His DD Form 214 shows he completed 3 years of active service, which included 2 years, 7 months, and 29 days of foreign service. His DD Form 214 shows he was awarded and authorized the: * Army Lapel Button * Arm Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Air Assault Badge * Driver and Mechanic Badge with Operator-S Bar 5. He provides a letter, dated 27 May 2005, wherein the VA issued him a certificate for use in establishing Civil Service preference for his honorably service in the U.S. Army from 28 August 1996 to 27 August 1999. The letter also stated he was considered a "war-time" era veteran of the Gulf War period. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The regulation states the: a. Armed Forces Expeditionary Medal 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. Armed Forces Service Medal is awarded to service members of the Armed Forces of the United States who, after 1 June 1992, meet the following criteria: * Participate or have participated, as service members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity. * Encounter no foreign-armed opposition or imminent threat of hostile action. * For significant U.S. military activities for which no other U.S. campaign or service medal is appropriate, such as peacekeeping operations. 2. Army Personnel Command Message Number 99-100 (with a date/time group of 121605Z March 1999) authorized award of both the Armed Forces Expeditionary Medal and Armed Forces Service Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces, during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period from 20 December 1996 to 20 June 1998 (Operation Joint Guard). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard. DISCUSSION: The evidence of record shows the applicant served in Hawaii, from 29 December 1996 to 27 August 1999, during his period of active duty. There is no evidence of record and he provided none showing he completed a qualifying period of service for award of the Armed Forces Expeditionary Medal and/or the Armed Forces Service Medal. Also, there is no evidence he was personally deployed to a designated area that was authorized either or both awards during his period of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000437 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000437 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2