IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080001943 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he served in Bosnia from May to November 1996; and that he was awarded the National Defense Service Medal and Overseas Service Ribbon. 

2.  The applicant states, in effect, that his DD Form 214 does not show his service in Bosnia or his award of the National Defense Service Medal or Overseas Service Medal. 

3.  The applicant provides copies of his DD Form 214, orders awarding him the Army Good Conduct Medal, identification card, and a letter from the Defense Finance and Accounting Service with copies of his Leave and Earnings Statements for the period from January 1996 through February 1997. 

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 requests award of the National Defense Service Medal.  This award is already reflected on the applicant’s DD Form 214.  As such, no further action is required pertaining to this issue.  Therefore, award of the National Defense Service Medal will not be further discussed in this proceeding.

3.  On 6 January 1994, the applicant enlisted in the Regular Army for 4 years.  He completed his initial training and was awarded military occupational specialty 88M (Motor Transport Operator).

4.  On 10 June 1994, the applicant was assigned for duty as a motor transport operator at Fort Carson, Colorado.

5.  On 8 October 1995, the applicant was assigned for duty in the Federal Republic of Germany as a motor transport operator with the 66th Transportation Company.

6.  On 6 March 1996, the applicant was promoted to the rank of specialist, pay grade E-4.

7.  Leave and Earnings Statements, provided by the applicant, show that he received hostile fire pay and imminent danger pay (HFP/IDP) for the period from 1 May to 30 November 1996.

8.  Records at Defense Finance and Accounting Service (DFAS) show that the applicant served in Croatia during the month of May 1996, and in Bosnia during the period from June through November 1996.

9.  On 21 February 1997, the applicant departed the Federal Republic of Germany.  He was subsequently assigned as a motor transport operator with the 233rd Transportation Company, Fort Knox, Kentucky.

10.  Item 5 (Overseas Service) of the applicant’s Personnel Qualification Record, Part II, shows that he served 16 months in the Federal Republic of Germany.  He did not receive credit for completing a normal tour of duty.

11.  On 5 January 1998, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 4 years of creditable active duty service.  

12.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 list his awards as the National Defense Service Medal, Army Good Conduct Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Overseas Service Ribbon.  Item 18 (Remarks) of this same form does not indicate that he served in Bosnia during this period of active duty service.

13.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14.  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.

15.  The North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

16.  Army Regulation 635-5 (Separation Documents) 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.  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 for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record clearly shows that the applicant was assigned to the Federal Republic of Germany during the period from 8 October 1995 to 21 February 1997.  Furthermore, DFAS records show that he received HFP/IDP during the period from May to November 1996 for service in Croatia and Bosnia.  Therefore, records should be corrected to show this overseas service. 

2.  Records show that the applicant is authorized award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for his service in Croatia and Bosnia.  Therefore, his records should be corrected to show these awards.

3.  Records show that the applicant is authorized the North Atlantic Treaty Organization Medal for his service in Croatia and Bosnia.  Therefore, his records should be corrected to show this award.

4.  The evidence of record clearly shows that the applicant served 16 months in the Federal Republic of Germany but was not credited with completion of an overseas tour.  Therefore, his request for award of the Overseas Service Ribbon should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing in Item 13 of his DD Form 214 the Armed Forces Service Medal, Armed Forces Expeditionary Medal, and the North Atlantic Treaty Organization Medal; and

	b.  showing in Item 18 of his DD Form 214 "SERVICE IN CROATIA FROM 19960501-19960531" and "SERVICE IN BOSNIA FROM 19960601-19961130."

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 award of the Overseas Service Medal.



	__________X____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080001943



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