IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080006019 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served in Bosnia-Herzegovina from March through October 1997.  The applicant also requests, in effect, that his records be corrected to show award of the North Atlantic Treaty Organization (NATO) Medal and the Overseas Service Ribbon (OSR).

2.  The applicant states, in effect, his records should be corrected due to an administrative error. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his Enlisted Record Brief (ERB), and a copy of his DA Form 2-1 ( Personnel Qualification Record).

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's DD Form 214 shows that he enlisted into the Regular Army on
7 May 1996.  He was awarded the military occupational specialty (MOS) 92G, (Food Service Specialist).  The highest rank he attained while serving on active duty was Private (E-2). 

3.  The applicant’s ERB (Deployment History) shows he was deployed from 
18 March to 16 October 1997 to the country code “BK” (which is Bosnia-Herzegovina).  This service equals 7 months.

4.  The Military Pay Office, Defense Finance and Accounting Services (DFAS) confirmed that the applicant received immanent danger pay from 18 March to 
16 October 1997.

5.  Item 12F (Foreign Service) of the applicant’s DD Form 214 shows that he served 0000 (years), 00 (months), and 00 (days) of foreign service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 shows that he earned the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of military service.  It is important that information entered on the form is complete and accurate.

8.  Paragraph 2-4 of Army Regulation 635-5 provides that item 12f (Foreign Service) of the DD Form 214 will show the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

9.  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).
10.  The NATO Medal was authorized by the Secretary General of NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear of this award 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.  The authority for this award to Army personnel is MILPER Message Number 96-068.

11.  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 (AFSM) and the Armed Forces Expeditionary Medal (AFEM), 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.

12.  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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

13.  Army Regulation 614-30 (Overseas Service), in effect at that time, prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion. Bosnia is considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods for TCS/TDY.  Soldiers who serve a minimum of 11 cumulative months or 
9 continuous months in Bosnia in a TCS/TDY status get credit for a completed short tour.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his DD Form 214 should be corrected to show the correct dates of his service in Bosnia-Herzegovina and to show that he is entitled to award of the NATO Medal were carefully considered and found to have merit.

2.  Evidence of record shows that the applicant is authorized award of the NATO Medal.  Therefore, his records should be corrected to show this award.

3.  Evidence of record shows that the applicant is authorized award of the Armed Forces Expeditionary Medal for his service in Bosnia-Herzegovina from 18 March through 16 October 1997.  Therefore, his records should be corrected to show these awards.

4.  The applicant is also authorized the Armed Forces Service Medal for his service in Bosnia-Herzegovina.  Therefore, his records should be corrected to show this award.

5.  The applicant’s contention that he is entitled to award of the Overseas Service Ribbon was carefully considered and found to be without merit.  The applicant only served 6 months and 29 days in the Bosnia which does not constitute an overseas tour.  Therefore, he is not authorized award of the Overseas Service Ribbon.

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 12f of the DD Form 214 his total foreign service equals "6 months and 29 days";
b.  showing in Item 13 of his DD Form 214 the Armed Forces Service Medal, the Armed Forces Expeditionary Medal, and the North Atlantic Treaty Organization Medal; and
	
   c.  showing in Item 18 of his DD Form 214 "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970318-19971016."

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)                                         AR20080006019



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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