IN THE CASE OF: BOARD DATE: 26 July 2023 DOCKET NUMBER: AR20220011698 APPLICANT REQUESTS: * reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1997 to show the following awards for his service in support of Operation Joint Endeavor – * Armed Forces Expeditionary Medal * Armed Forces Service Medal * a personal appearance hearing before the Board via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Public Papers of the President of the United States (1995, Book II), 2 December 1995, "Remarks to Troops in Baumholder, Germany" * Photographs, undated * two Postmarked Envelopes, 6 October 1995, and 5 February 1996 * Implementation Force (IFOR) Identification Card, expired December 1997 * two DD Forms 214 for the periods ending 28 February 1997 and 1 February 2006 * Driver's License, 3 November 2020 * Department of Defense Uniformed Services Identification and Privilege Card FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001056060 on 28 July 2001. 2. The applicant states he was stationed in Baumholder, Germany, with Company C, 40th Engineer Battalion, 1st Armored Division. He deployed to Bosnia in late 1995 in support of Operation Joint Endeavor. a. He was honorably discharged for this period of service in February 1997. It wasn't until the 1998 National Defense Authorization Act that awards of the Armed Forces Expeditionary Medal and Armed Forces Service Medal were authorized for Soldiers deployed to Bosnia in support of Operation Joint Endeavor. b. He recently discovered evidence that verifies his service in Bosnia and the time frame that he was in country. He has experienced depression, anxiety, insomnia, and sadness due to his DD Form 214 not reflecting his Bosnia service. He feels it is an injustice for him and his children for not being formally recognized by the Army for his service in Bosnia in support of Operation Joint Endeavor. 3. He enlisted in the Regular Army on 29 December 1993 for a period of 3 years. 4. The U.S. Army Central Command Area Support Group – Kuwait Guardian of Freedom Certificate, 15 April 1995, appointed him as a Guardian of Freedom for his participation in Exercise Intrinsic Action. 5. The Public Papers of the President of the United States (1995, Book II), 2 December 1995, "Remarks to Troops in Baumholder, Germany," is a transcript of the then- President's speech addressing the Bosnia mission given at the Baumholder Army Base. 6. He was awarded the Army Achievement Medal for meritorious achievement as a combat engineer in the 40th Engineer Battalion for the period 30 January 1994 to 10 January 1996. 7. He provided two envelopes postmarked 6 October 1995 and 5 February 1996 addressed to his mother while he was stationed in Europe, indicating he was forward deployed in support of Operation Joint Endeavor (free postage via the Military Postal Service). 8. He provided a photograph of a road sign in Bosnia leading to Sarajevo, the capital city of Bosnia, and a photograph of him standing in front of his vehicle, showing his name on the windshield and what he claims is "IFOR" painted on the driver's door (illegible). 9. Headquarters, U.S. Infantry Center, Fort Benning, GA, Orders 358-2203, 23 December 1996 reassigned him to the U.S. Army Transition Point for transition processing with a release from active-duty date of 28 February 1997. 10. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 5 (Oversea Service) – he received overseas tour credit for service in Germany from 13 January 1994 through 1 April 1996 * item 35 (Record of Assignments) – he was assigned to Company B, 40th Engineer Battalion, Baumholder, Germany, from 19 January 1994 to 31 May 1996 11. His military records contain no documentation of his deployment to Bosnia in support of Operation Joint Endeavor or inclusive dates of his service in Bosnia. 12. His military records do not contain orders awarding him the Army Good Conduct Medal (1st Award). His records are also void of any convictions by courts-martial or a commander's disqualification memorandum. 13. He was honorably released from active duty on 28 February 1997 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 3 years, 2 months, and 2 days * item 12f (Foreign Service) – 2 years, 2 months, and 19 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal * National Defense Service Medal * Southwest Asia Service Medal * Army Service Ribbon * Overseas Service Ribbon * Army Lapel Button * item 18 (Remarks) – no entry for service in Bosnia 14. Headquarters, Department of the Army, General Orders Number 25, 8 June 2001, awarded the Army Superior Unit Award to the 40th Engineer Battalion as part of Task Force Eagle (IFOR), 1st Armored Division, for meritorious service in connection with difficult and challenging missions during peacetime during the period 15 October 1995 to 10 December 1996. 15. He enlisted in the U.S. Army Reserve on 11 July 2000 for a period of 6 years. 16. On 28 July 2001 in Docket Number AR2001056060, the ABCMR denied his request for correction of his records to show all authorized awards for his service in support of Operation Joint Endeavor.? a. The Board found no evidence in his military records and he provided no independent evidence showing he deployed to Bosnia in support of Operation Joint Endeavor. Therefore, the Board found no evidentiary basis to support his claim of entitlement to awards earned for service in support of Operation Joint Endeavor. b. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement. 17. U.S. Army Reserve Personnel Command Orders R12-107140, 12 December 2001, ordered him to active duty in an Active Guard Reserve status effective 17 December 2001. 18. Headquarters, Department of the Army, General Orders Number 9, 18 November 2005, confirmed campaign participation credit for the 40th Engineer Battalion for operations involving the Southwest Asia Cease-Fire (12 April 1991 through 30 November 1995). 19. He was honorably released from active duty on 1 February 2006 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 for this period shows in: * item 12c – 4 years, 1 month, and 15 days * item 12f – 2 years, 2 months, and 19 days * item 13 – no entries for the Armed Forces Expeditionary Medal or Armed Forces Service Medal 20. A review of the Gulf War Operation Desert Shield/Desert Storm Data Base Roster compiled by the Defense Manpower Data Center covering the period August 1990 through December 1997 lists the applicant's name for the period 1 March 1995 through 31 May 1995 (in whole months). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence shown on the Gulf War Data Base Rosters to support the applicant’s deployment to Bosnia in support of Operation Joint Endeavor. and that he met the criteria for award of the Army Forces Expeditionary Medal (AFEM). However, the Board agreed the applicant did not meet the criteria for the Armed Forces Service Medal. Furthermore, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 29 December 1993 to 28 February 1997. Based on this the Board determined partial relief was warranted and granted relief for correction of the applicant’s record to show award of the Armed Forces Expeditionary Medal and the Army Good Conduct Medal. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the overall merits of this case are sufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2001056060 on 28 July 2001.The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Armed Forces Expeditionary Medal and the Army Good Conduct Medal (1st Award) for exemplary service from 29 December 1993 to 28 February 1997and adding the medal to his DD Form 214 for the period ending 28 February 1997. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Armed Forces Service Medal. 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. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Any one of the following periods of continuous enlisted active federal military service qualifies for award of the Army Good Conduct Medal: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active federal military service or if the death occurred in the line of duty. b. The Armed Forces Expeditionary may be awarded to service members of the Armed Forces of the United States who, after 1 July 1958: (1) participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; and (2) encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. (3) The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations: * U.S. military operations * U.S. operations in direct support of the United Nations * U.S. operations of assistance for friendly foreign nations c. The 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: (1) 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; and, (2) encounter no foreign-armed opposition or imminent threat of hostile action. (3) The Armed Forces Service Medal may be authorized for significant U.S. military activities for which no other U.S. campaign or service medal is appropriate, such as, peacekeeping operations, prolonged humanitarian operations, 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. d. Table 2-4 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations in Direct Support of the United Nations) lists Operation Joint Endeavor from 20 November 1995 to 19 December 1996. 3. Army Regulation 625-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. It establishes standardized policy for preparation of the DD Form 214. The DD Form 214 provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The specific instructions for item 18 for active duty Soldiers state to list any/all deployments outside the continental United States completed during the period covered by the DD Form 214 as follows: "SERVICE IN (name of country deployed) FROM (inclusive dates)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011698 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1