RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070015218 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 amended to add the Army Superior Unit Award (ASUA), the Armed Forces Expeditionary Medal (AFEM), and the Armed Forces Service Medal (AFSM).

2.  The applicant states that his unit deployed to Bosnia from April to October 1997.  Upon their return, his unit was awarded the ASUA, the AFEM, the AFSM, and the North Atlantic Treaty Organization (NATO) Medal.  The NATO Medal was the only one that was added to his DD Form 214.

3.  The applicant provides his DD Form 214 and an awards information packet consisting of: a cover information sheet; Military Personnel (MILPER) Message Number 99-100; a memorandum, dated 13 September 1998; a memorandum, dated 26 March 1999; a recommendation for award of the ASUA; an ASUA Unit Roster; an ASUA award certificate with citation; Commander, U. S. Total Army Personnel Command message date time group 231536Z January 1996; MILPER Message Number 98-016; a Basic Ad Hoc Query Report; and temporary change of station orders.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 13 August 1996.  He was assigned to C Company, 2d Battalion, 14th Infantry, Fort Drum, NY on an unknown date.


3.  On 17 March 1997, C Company, 2d Battalion, 14th Infantry was ordered to deploy in support of Operation Joint Guard and served in Bosnia from 4 April to  1 November 1997.

4.  The applicant provided an ASUA Unit Roster indicating the unit deployed from 4 April to 1 November 1997.  Records at the Defense Finance and Accounting Service confirmed he was paid hostile fire pay from March through October 1997.

5.  A recommendation for award of the ASUA for the period 4 April to 21 October 1997 to Task Force Eagle Stabilization Force, which included C Company, 2d Battalion, 14th Infantry, was approved.

6.  On 16 March 2002, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded the NATO Medal, the Army Achievement Medal (3d Award), the Humanitarian Service Medal, the Noncommissioned Officer’s Professional Development Ribbon, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

7.  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, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement, “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)” will be entered in item 18.

8.  Army Regulation 600-8-22 (Military Awards) states the AFSM is awarded for operations relating to the former Republic of Yugoslavia to include Operation Joint Guard from 20 December 1996 to 20 June 1998.  It is awarded to U. S. military forces deployed in or in direct support of Operation Joint Guard.  Soldiers must be bona fide members of a unit participating for one or more days in Operation Joint Guard.

9.  Army Regulation 600-8-22 states participation by service members in Operation Joint Endeavor and Operation Joint Guard in the Republic of Bosnia-Herzegovina meets the requirements for award of the AFEM.  The Secretary of Defense approved award of the AFEM, in addition to the AFSM, to certain participants of Operation Joint Endeavor and Operation Joint Guard 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 Operation Joint Endeavor and Operation Joint Guard 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 Operation Joint Endeavor or Operation Joint Guard within the designated area of eligibility.

10.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.  

11.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is awarded to Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant deployed with his unit to Bosnia during Operation Joint Guard during the period 4 April to 1 November 1997.  This deployment should be reflected in item 18 of his DD Form 214.

2.  Based upon the service of the applicant’s unit in Bosnia during Operation Joint Guard, it was awarded the ASUA.  This unit award should be added to the applicant’s DD Form 214.

3.  Based upon the applicant’s deployment to Bosnia, he met the eligibility criteria for award of the AFEM and the AFSM.  These awards should be added to his DD Form 214.

4.  The applicant also met the eligibility criteria for award of the National Defense Service Medal and the Global War on Terrorism Service Medal.  These awards should also be added to his DD Form 214.


BOARD VOTE:

__tsk___  __jlp___  __dwt___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.   amending his DD Form 214 to add Army Superior Unit Award, the Armed Forces Expeditionary Medal, the Armed Forces Service Medal, the National Defense Service Medal, and the Global War on Terrorism Service Medal; and

     b.  amending item 18 of his DD Form 214 to add the remarks “SERVICE IN BOSNIA FROM 19970404 – 19971101.”




      	_               TSK     _____
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070015218


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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