RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 MAY 2005
DOCKET NUMBER: AR20040005805
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Carmen Duncan | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to reflect award of
the Army Achievement Medal, Army Good Conduct Medal, Army Commendation
Medal, and decorations associated with his deployment to Bosnia as part of
Operation Joint Guard. He specifically asks that his records be corrected
to show entitlement to the Armed Forces Service Medal, the NATO (North
Atlantic Treaty Organization) Medal, the Armed Forces Expeditionary Medal,
and the Joint Service Achievement Medal.
2. The applicant states that these awards were omitted from his separation
document and that he was recently told that the awards might impact on his
civil service employment in the future.
3. The applicant provides evidence of his deployment to Bosnia between May
and November 1997 and evidence of entitlement to each of the awards he is
requesting, including copies of orders awarding him the Army Good Conduct
Medal, Army Achievement Medal, Army Commendation Medal, and Joint Service
Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 27 March 2000. The application submitted in this case is
dated
7 August 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant entered
active duty on 27 March 1996 and served continuously until his separation
on 27 March 2000, at the expiration of his term of service.
4. In May 1997 the applicant was deployed to Sarajevo (Bosnia –
Herzegovina) in support of Operation Joint Guard. He remained in the
region until November 1997 and was assigned to LANDCENT USNIC (Land Forces
Central Europe U.S. National Intelligence Center) part of NATO’s integrated
command structure.
5. Information obtained from the Army’s Military Awards Branch confirmed
that the Armed Forces Service Medal was awarded to United States military
members deployed to the former Republic of Yugosalvia between 20 December
1996 and 20 June 1998 as part of Operation Joint Guard.
6. The National Defense Authorization Act of FY (fiscal year) 98,
designated participation by service members in Operation Joint Guard
between 20 December 1996 and 20 June 1998 in the Republic
of Bosnia-Herzergovina as meeting the requirements for award of the Army
Forces Expeditionary Medal. The Secretary of Defense approved award of the
Armed Forces Expeditionary Medal in addition to the Armed Forces Service
Medal to participants of Operation Joint Guard as a one time exception to
Department of Defense and service policies. The one time exception
permitted the award of two medals for the same operation and period of
service.
7. In December 1995, Department of the Army announced that the Secretary
of Defense had 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 United States military personnel was
authorized. To qualify for the award United States military personnel must
have completed either 30 days in the territory and airspace of the former
Republic of Yugosalvia or 90 days in the area of operations outside the
area between 1 July 1992 and a date to be determined. Individuals must
have been members of organizations under direct NATO command within the
area of operations.
8. Orders issued by the United States National Support Joint Task Force in
November 1997 confirmed the applicant’s award of the Joint Service
Achievement Medal for the period 15 May 1997 to 11 November 1997.
9. Orders issued by the 66th Military Intelligence Group in December 1998
confirmed the applicant's award of the Army Achievement Medal for the
period 27 January 1997 to 26 January 1999.
10. Orders issued at Fort Gordon, Georgia on 9 August 1999 and 21 December
1999 confirmed the applicant’s award of the Army Good Conduct Medal and the
Army Commendation Medal.
11. The aforementioned awards were all omitted from the applicant’s March
2000 separation document.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms that the applicant was deployed to the former
Republic of Yugoslavia as part of Operation Joint Guard and as such is
entitled to an Armed Forces Service Medal, the Armed Forces Expeditionary
Medal, and the NATO Medal. His records should be corrected accordingly.
2. The evidence also confirms that he was awarded the Joint Service
Achievement Medal, the Army Achievement Medal, an Army Commendation Medal,
and the Army Good Conduct Medal. His records should be corrected to
reflect those awards.
BOARD VOTE:
___JS___ ___RD __ ___CD__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:
a. by showing that he is entitled to the Armed Forces Service Medal,
an Armed Forces Expeditionary Medal, and the NATO Medal; and
b. by showing that he was awarded the Joint Service Achievement
Medal, an Army Achievement Medal, an Army Commendation Medal, and the Army
Good Conduct Medal.
_______John Slone_________
CHAIRPERSON
INDEX
|CASE ID |AR20040005805 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050517 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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