IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220010476 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 and a personal appearance hearing before the Board via video or telephone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * 2-page extract Armed Forces Expeditionary Medal – Authorized Operations * DD Form 1351-2 (Travel Voucher or Subvoucher) * Orders 183-006, Detachment C, 55th Personnel Service Battalion, 2 July 1998 * 1st Endorsement, Orders 183-006, 2 July 1998 * Memorandum, Deployment/Redeployment Certification, 28 September 1998 * Certificate of Appreciation, Multinational Division, 30 July to 2 October 1998 * North Atlantic Treaty Organization (NATO) Medal certificate, 30 July to 2 October 1998 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, Soldiers awarded the Armed Forces Service Medal for qualifying service in Operation Joint Forge from 30 July to 2 October 1998, are authorized the Armed Forces Service Medal and the Armed Forces Expeditionary Medal pursuant to Section 572 of Public Law 105-85, 18 November 1997. 3. The applicant meets the criteria for the National Defense Service Medal. This Medal will be addressed through an administrative correction without action by the Board. 4. The applicant enlisted in the Regular Army on 19 September 1996. He completed training and he was awarded military occupational specialty 19K (M1 Armor Crewman). 5. Orders 183-006, 2 July 1998, directed his deployment in support of Operation Joint Guard, Tuzla Bosnia-Herzegovina proceeding on or about 23 June 1998. a. A memorandum. 2 July 1998, further reassigned him to Headquarters and Headquarters Company, 1st AD (Forward), JMC, effective 30 July 1998. b. A memorandum, 2 July 1998, further reassigned him to Headquarters and Headquarters Company, 2nd-37th AR Battalion, effective 2 October 1998. c. A memorandum, 28 September 1998, certifies his redeployment to home station effective 2 October 1998. 6. Evidence, to include the below, shows he served in Bosnia during Operation Joint Guard from 25 February to 15 March 1997 (a period of 19 days) and Operation Joint Forge from 30 July to 2 October 1998 (a period of 2 months and 3 days). a. Multinational Division Certificate of Appreciation from 30 July to 2 October 1998, for outstanding contribution to the successful peace enforcement operation in the former Republic of Yugoslavia during Operation Joint Forge. b. NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 30 July to 2 October 1998. 7. A DD Form 1351-2, 7 October 1998, shows the applicant was on temporary duty/temporary active duty from 26 July to 3 October 1998. 8. He was honorably released from active duty on 18 March 2001. The DD Form 214 he was issued shows he was awarded or authorized the: * Armed Forces Service Medal * North Atlantic Treaty Organization Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * United Nations Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Aircraft Crewman Badge 9. The applicant provides an undated 2-page table of unknown origin titled Armed Forces Expeditionary Medal – Authorized Operations in which he highlights Operations Joint Guard and Joint Forge. Note 3 states members awarded the Armed Forces Service Medal for qualifying service in Bosnia-Herzegovina and Croatia are authorized both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal pursuant to Section 572, Public Law 105-85 in accordance with Secretary of Defense guidance approved on 24 February 1999. 10. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 11. Army Regulation 600-8-22 (Military Awards), tables 2-3, 2-4, and 2-5 address the Armed Forces Expeditionary Medal. Note 3 to Table 2-4 (Armed Forces Expeditionary Medal – designated U.S. military operations in direct support of the United Nations) states only one award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal is authorized for participation in or direct support of Operation Joint Forge. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that 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 regulation. Evidence in the record show the applicant was deployed in support of Joint Guard. Upon review of the applicant’s petition and available military records, the Board determined there was sufficient evidence in the applicant’s record to show the applicant met the regulatory guidance criteria for award of the Armed Forces Expeditionary Medal. Based on this, the Board granted relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant 3. 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 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Armed Forces Expeditionary 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. ADMINISTRATIVE NOTE(S): Army Regulation 600-8-22 (Military Awards), paragraph 2-11b(4) authorizes him the National Defense Service Medal. REFERENCES: 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 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. 2. Section 572 of Public Law 105-85, 18 November 1997, Eligibility for Armed Forces Expeditionary Medal for Participation in Operation Joint Endeavor or Operation Joint Guard. (b) Individual Determination. – The Secretary of the military department concerned shall determine whether individual members or former members of the Armed Forces who participated in Operation Joint Endeavor or Operation Joint Guard meet the individual service requirements for award of the Armed Forces Expeditionary Medal as established in applicable regulations. 3. The Armed Forces Expeditionary Medal 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. Army Regulation 600-8- 22 (Military Awards), tables 2-3, 2-4, and 2-5 address the Armed Forces Expeditionary Medal. Note 3 to Table 2-4 (Armed Forces Expeditionary Medal – designated U.S. military operations in direct support of the United Nations) states only one award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal is authorized for participation in or direct support of Operation Joint Forge. 4. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 5. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010476 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1