PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2002068600


         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. Roger W. Able		Member
Ms. Paula Mokulis		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.

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2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be updated.

3. The applicant states that his DD Form 214 has not been updated since 1991. In effect, the courses he attended, the active duty he performed in Bosnia, and the awards he received since 1991 are not entered. As supporting evidence, he provides his DD Form 214 for the period ending 17 June 1991; several course completion certificates and Academic Evaluation Reports (DA Forms 1059) showing he completed courses either in a nonresident phase or in a resident phase during annual training; orders showing he, with his unit, was ordered to active duty for 270 days from 19 August 1997 – 7 May 1998; a Certificate of Training showing he completed a one-week Combat Lifesaver Course in 1997 during his period of active duty; a certificate showing he was awarded the NATO Medal for service in the former Yugoslavia; and Permanent Orders 72-19, 310^th Military Police Battalion dated 14 March 1999 awarding him the Army Achievement Medal for the period 19 August 1997 to 18 March 1998.

4. The applicant’s military records show that he enlisted in the Army National Guard on 14 November 1990. He was ordered to initial active duty for training on 31 January 1991, he completed basic training and advanced individual training, and he was released from active duty for training on 17 June 1991. His DD Form 214 for this period of service shows he was awarded the Army Service Ribbon and the Marksman Marksmanship Badge, Rifle M-16.

5. On 15 February 1992, the applicant was discharged from the Army National Guard and transferred to the U. S. Army Reserve Control Group (Annual Training). On 24 February 1993, he was assigned to a troop program unit. He completed the non-resident Basic Military Police Course phase I on 5 May 1996. He was ordered to two weeks annual training on 3 August 1996 where he completed the Military Police Course, phase II. He was ordered to 6 days of annual training on 6 July 1997 and completed the Assistant Instructor’s Course for Single Channel Ground and Airborne Radio Systems.

6. On or about 19 August 1997, the applicant was ordered to active duty as a member of his unit for 270 days in support of Operation Joint Guard. A Certificate of Training shows he completed the Combat Lifesaver Course from 10 to 14 November 1997. He was released from active duty on 7 May 1998. A certificate shows he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 28 October to 31 March 1998. On 18 April 1998, he was recommended for award of the Army Achievement Medal for meritorious service during his unit’s mobilization and participation in Operation Joint Guard. Permanent Orders 72-19, 310^th Military Police Battalion dated 14 March 1999 awarded him the Army Achievement Medal for the period 19 August 1997 to 18 March 1998. There is no DD Form 214 for this period of active duty in his Official Military Personnel File.
7. The applicant was discharged from the U. S. Army Reserve on 8 June 1999.

8. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from the Active Army included members of the Army National Guard of the United States and the U. S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. The instructions for completing the DD Form 214 state that all prior active service less time lost will be entered in item 12d; all prior inactive service less time lost will be entered in item 12e; item 13 will list decorations and medals awarded during all periods of service; item 14 will list in-service training courses successfully completed during the period of service covered by the DD From 214. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

9. The current version of Army Regulation 635-5, effective 15 September 2000, states that in item 18, for a Reserve soldier ordered to active duty and deployed to a foreign country, three statements will be entered in succession: (1) “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section);” (2) “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates);” and (3) “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS.”

10. Informal research revealed that the Combat Lifesaver Course is a basic medical care course for unit nonmedical personnel.

11. Army Regulation 600-8-22 prescribes policy and criteria concerning individual military awards. In pertinent part, it states that the National Defense Service Medal was awarded for honorable active service for any one of three periods of service, including the period 2 August 1990 to 30 November 1995.

12. Military Personnel Message number 96-068 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. Qualifying periods of service for the NATO Medal are either 30 days in the territory of the former Republic of Yugoslavia and the Adriatic Sea or 90 days in the area of operations outside the former Republic of Yugoslavia and the Adriatic Sea between 1 July 1992 and a date to be determined. U. S. military personnel must serve or have served under direct NATO command in direct support of NATO operations in the former Republic of Yugoslavia.

13. Military Personnel Message number 96-098 established the Armed Forces Service Medal (AFSM) and award for operations relating to the former Republic of Yugoslavia. Commander, U. S. Total Army Personnel Command (PERSCOM) message 171655Z October 1997 announced award of the AFSM to U. S. military participants in Operation Joint Guard (OJG) in the former Republic of Yugoslavia from 20 December 1996 to a date to be determined (later established as 20 June 1998). It was awarded to U. S. military forces deployed in, or in direct support of OJG. Soldiers must be bona fide members of a unit participating for one or more days in OJG.

14. Military Personnel Message number 99-100 noted that section 572 of the National Defense Authorization Act for fiscal year 1998 designated participation by service members in Operation Joint Endeavor (OJE) and OJG in the Republic of Bosnia-Herzegovina as meeting the requirements for award of the Armed Forces Expeditionary Medal (AFEM). The Secretary of Defense approved award of the AFEM, in addition to the AFSM, to certain participants of OJE and OJG as a one-time exception to Department of Defense and Service policies. The one-time exception was 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 OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia. The soldier must be a bona fide member of a unit participating for one or more days in OJE or OJG within the designated area of eligibility.

15. The Defense Finance and Accounting Service – Indianapolis Center verified that the applicant drew hostile fire pay from 28 October 1997 – 31 July 1998 but could not determine the country for which he drew it.

CONCLUSIONS:

1. The only error on the applicant’s DD Form 214 for the period ending 17 June 1991 is in item 13 – the National Defense Service Medal should also have been listed. None of the other changes requested by the applicant -- the addition of courses completed, active duty completed, awards awarded – occurred during the period of service covered by the DD Form 214 and so are not authorized to be added.

2. However, the applicant should have received a DD Form 214 for the period of service he was ordered to active duty in support of Operation Joint Guard. (Although different supporting documents give different possible periods of service, the Board will use the dates given by his active duty orders, approximately 19 August 1997 to 7 May 1998.) A DD Form 214 for this period would show all of his prior active and inactive service as of the ending date. It would show all his awards and decorations to include the National Defense Service Medal, the NATO Medal, the AFSM, the AFEM, and the Army Achievement Medal. It would not show any training he did not complete during this period of service. As it appears the Combat Lifesaver Course was a basic medical care course for nonmedical unit personnel and not a strictly combat training course, it would be appropriate to add this course to this DD Form 214. As an exception to policy, under current standards, it would also be appropriate to enter in item 18 the facts of his deployment.

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

RECOMMENDATION:

1. That the applicant’s DD Form 214 for the period ending 17 June 1991 be amended to add the National Defense Service Medal.

2. That the applicant be issued a DD Form 214 for the period he was ordered to active duty from 17 August 1997 to 7 May 1998 and that it show all of his prior active and inactive service as of the ending date; show all his awards and decorations to include the National Defense Service Medal, the NATO Medal, the AFSM, the AFEM, and the Army Achievement Medal; show he completed the one-week Combat Lifesaver Course in 1997; and, as an exception to policy, show the facts of his deployment in item 18.

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

BOARD VOTE:

__fne___ __rwa___ __pm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068600
SUFFIX
RECON
DATE BOARDED	20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.00
2.
3.
4.
5.
6.