RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060017199 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller 

Analyst

The following members, a quorum, were present:


Mr. William Crain

Chairperson

Mr. Donald Lewy

Member

Mr. Roland Venable

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Bosnia in support of Operation Joint Endeavor.  He also requests, in effect, award of the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.  

2.  The applicant states that he served in Bosnia from 21 October 1996 to 
11 April 1997.  He also states that the campaign medal is not on his DD Form 214 and that the Post Office will not give him service credit without the medal.

3.  The applicant provides a copy of his DD Form 214; an award certificate for the North Atlantic Treaty Organization (NATO) Medal; a certificate for the United Nations Medal; an award certificate and orders for the Army Commendation Medal; and a letter, dated 30 November 2006, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 17 January 1999.  The application submitted in this case is dated 5 July 2006; however, the application was received in this office on 13 December 2006.

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.  The applicant enlisted on 27 May 1993, served as an indirect fire infantryman, and was released from active duty on 17 January 1999. 

4.  Item 18 (Remarks) on the applicant’s DD Form 214 does not show any deployments.  His DD Form 214 shows the Army Achievement Medal, the Army Commendation Medal, the Joint Meritorious Unit Award, the Army Good Conduct Medal, the National Defense Service Medal, the NATO Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the United Nations Medal as authorized awards.

5.  In support of his claim, the applicant provided an award certificate for the NATO Medal for service with NATO on operations in relation to the Former Yugoslavia during the period October 1996 to April 1997.  He also provided orders for the Army Commendation Medal which state he was deployed in support of Operations Joint Endeavor and [Joint] Guard from 12 October 1996 to 27 April 1997.

6.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

7.  Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 
20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he served in Bosnia from 21 October 1996 to 11 April 1997, evidence of record shows he was deployed to Bosnia in support of Operations Joint Endeavor and Joint Guard from 12 October 1996 to 27 April 1997.  Therefore, he is entitled to award of the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.  Also, item 18 on his DD Form 214 should be corrected to show his dates of service in Bosnia. 

2.  Records show the applicant should have discovered the alleged errors now under consideration on 17 January 1999; therefore, the time for the applicant to file a request for correction of any error expired on 16 January 2002.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

WC____  __DL____  __RV____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 by:

	a.  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to add the Armed Forces Service Medal and the Armed Forces Expeditionary Medal; and

	b.  amending item 18 on his DD Form 214 to add the entry, 
"SERVICE IN BOSNIA FROM 19961012 TO 19970427."

2.  The Board further determined that 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 amending his DD Form 214 to show he served in Bosnia from 21 October 1996 to 11 April 1997.  




__William Crain_______
          CHAIRPERSON




INDEX

CASE ID
AR20060017199
SUFFIX

RECON

DATE BOARDED
20070531
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
107.0000
3.

4.

5.

6.