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ARMY | BCMR | CY2001 | 2001065016C070421
Original file (2001065016C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001065016


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his rank and grade as Private First Class (PFC), E-3, to show that he entered active duty on 11 August 1995, and to show he was awarded the NATO Medal.

3. The applicant states that he was advanced to PFC, E-3 on 11 August 1996, that he received the NATO Medal and Certificate of Appreciation on 24 October 1997, and that his DD Form 214 erroneously shows he entered active duty on 11 August 1998.

4. The applicant’s military records show that he enlisted in the Regular Army on 11 August 1995 for 3 years.

5. A Personnel Qualification Record Part I, DA Form 2, dated 2 June 1997 shows the applicant’s rank as PFC and date of rank as 11 August 1996.

6. Orders 52-01, Headquarters, 3d Brigade, 1st Infantry Division dated 21 February 1997 show the applicant’s unit, the 2d Battalion, 2d Infantry, 1st Infantry Division, was directed to move to Camp Bedrock in Bosnia-Herzegovina in support of Operation Joint Guard on or about 13 March 1997. A unit roster shows the applicant arrived in Bosnia on 20 March 1997 and departed on 24 October 1997. The applicant provides a certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to the Former Yugoslavia during the period 18 March to 24 October 1997.

7. On 18 February 1998, the applicant signed a Pre-Separation Counseling Checklist, DD Form 2648. He listed his grade as E-2 on this document.

8. On 10 August 1998, the applicant was released from active duty after completing his required active service. His DD Form 214, items 4a, 4b, and 12h show his rank as Private, E-2 and his date of rank as 8 January 1998. Item 12a erroneously shows he entered active duty on 11 August 1998. Item 13 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

9. The Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) verified on 14 March 2002 that the applicant was paid as an E-2 at the time of his separation with an effective date of 8 January 1998. Their records indicated that he had been paid as an E-3 from 11 August 1996 – 7 January 1998 and the change may have been the result of a reduction action.


10. U. S. Total Army Personnel Command message 081020Z December 1995, Subject: NATO Medal, announced that the Secretary of Defense approved the offer of the NATO Medal made by the NATO Secretary General for operations relating to the Republic of Yugoslavia. Acceptance and wear by eligible U. S. military personnel was authorized.

11. U. S. Total Army Personnel Command message 081020Z December 1995, Subject: Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard, announced that the Secretary of Defense approved award of the Armed Forces Expeditionary Medal (AFEM) in addition to the Armed Forces Service Medal (AFSM) to certain participants of Operations Joint Endeavor (1 June 1992 to 19 December 1996) and Joint Guard (20 December 1996 to 20 June 1998) as a one-time exception to Department of Defense and Service policies. The one-time exception is to permit the award of the two medals for the same operation and period of service. The AFEM is limited to only those participants in or those providing direct support to Operations Joint Endeavor and Joint Guard who were deployed in the countries of Bosnia-Herzegovina and Croatia as bona fide members of a unit participating for one or more days in those operations.

CONCLUSIONS:

1. The evidence of record shows that the applicant was a Private, E-2 at the time of his separation with a date of rank of 8 January 1998. Records at DFAS-IN indicate he may have been reduced from PFC, E-3 to Private, E-2.

2. Item 12a of the applicant’s DD Form 214 erroneously shows he entered active duty on 11 August 1998. He entered active duty on 11 August 1995.

3. The evidence of record shows the applicant deployed to Bosnia-Herzegovina with his unit for Operation Joint Guard during the period 20 March to 24 October 1997 and so met the eligibility criteria for award of the NATO Medal, the AFEM, and the AFSM.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant’s DD Form 214, item 12a be amended to show he entered active duty on 11 August 1995 and to show he was awarded the NATO Medal, the Armed Forces Expeditionary Medal, and the Armed Forces Service Medal.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __le____ __tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001065016
SUFFIX
RECON
DATE BOARDED 20020328
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.01
2. 110.04
3. 131.00
4.
5.
6.


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