IN THE CASE OF:	  

		BOARD DATE:	  	  22 January 23, 2009

		DOCKET NUMBER:  AR20080008516 


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, correction of his discharge document to show he served in Bosnia in support of Operation Joint Guard.  He also requests correction of his discharge document to show award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal, Army Achievement Medal and Overseas Service Ribbon.  Additionally, he requests that he be issued the Good Conduct Medal.

2.  The applicant states, in effect, he served in Bosnia in support of Operation Joint Guard from 13 August 1997 to 23 June 1998 and should have received the Armed Forces Expeditionary Medal, Armed Forces Service Medal, and Overseas Service Ribbon.  He also states he was awarded the Army Achievement Medal, but the award is not recorded on his discharge document.  He further states that he was awarded the Good Conduct Medal, but he never received the medal set.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 3 September 1999, and a DA Form 638 (Recommendation for Award), dated 26 July 1999, in support of his application.

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 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 military personnel records show he enlisted in the U.S. Army Reserve for a period of 8 years on 20 May 1996 in the Delayed Entry Program. He then enlisted in the Regular Army for a period of 3 years and entered active duty on 4 September 1996.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS)
19D (Cavalry Scout).

3.  The applicant's military personnel records are absent any orders or evidence that shows he deployed overseas or any specific period of overseas service.

4.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty on 4 September 1996 and was honorably released from active duty on 3 September 1999, under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation) based on completion of required active service. At the time he had completed 3 years of net active service this period.  Item
12 (Record of Service), block f (Foreign Service) shows he completed “0000” [years], “00” [months], and “00” [days] foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal, Army Service Ribbon, North Atlantic Treaty Organization Medal, and Army Lapel Button.  Item
18 (Remarks) is absent any information pertaining to service in support of overseas operations.

5.  In support of his application, the applicant provides a copy of a DA Form 638, dated 26 July 1999, that shows he was recommended for award of the Army Commendation Medal for meritorious service during the period 2 September 1998 to 3 September 1999.  This document shows, in pertinent part, that during a portion of this period the applicant was an instrumental part of his platoon’s successful completion of over 150 real world missions including Weapon Storage Site Inspections, Quick Reactionary Force, force protection, and numerous presence patrols during Operation Joint Guard.  The DA Form 638 also shows that the Commander, 2nd Armored Cavalry Regiment, Fort Polk, Louisiana, downgraded the recommended award and approved award of the Army Achievement Medal.  The DA Form 638 further shows that the award was announced per Headquarters, 2nd Armored Cavalry Regiment, Fort Polk, Louisiana, Permanent Order Number 293-28, dated 20 October 1999.  

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  This Army regulation also shows, in pertinent part, the Armed Forces Expeditionary Medal is authorized for service in support of Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998, but only for participants deployed in Bosnia-Herzegovina and Croatia.

8.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or (2) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

9.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, Message Number 99-100, date-time group 121605Z March 1999, announced the Secretary of Defense's approval 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 and Croatia.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina and Croatia, 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).

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 shows, in pertinent part, the North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary General of the NATO for specific NATO operations.  The eligibility criteria for award of the NATO Medal to service personnel for operations in the former Republic of Yugoslavia is 30 days in the territory and airspace of the former Republic of Yugoslavia and Adriatic Sea, or 90 days in the area of operations outside the former Republic of Yugoslavia and Adriatic Sea; and be under direct NATO command or operational control.  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 was approved, in pertinent part, 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 14 November 1995 through a date to be determined. 

12.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), Table 2-1 (Composition of the OMPF), Awards and Decorations section, lists the DA Form 638 and DA Form 638-1 as documents authorized for filing in the Commendatory and Discipline section of the OMPF.  The Table provides that a copy of the award citation will be filed when not included in the award order; ensure the order number is annotated on the certificate below the approval authority’s signature block; and hand-write the Soldier’s Social Security Number at the upper right hand corner of the certificate prior to forwarding to the Official Military Personnel File.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

14.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  The instructions for Block f (Foreign Service) states to enter the total amount of foreign service completed during the period covered in Item 12, block c.  Obtain the foreign service listed in Section 1 of the DA Form 4037 (ORB) for officers or Item 5 of the DA Form 2-1 (PQR) for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ/OMPF.  The instructions for Item 13 states that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.
The instructions for Item 18 do not include a requirement to enter the location or the dates of service pertaining to service in support of overseas operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show he served in Bosnia in support of Operation Joint Guard from 13 August 1997 to 23 June 1998 and award of the Army Achievement Medal, Armed Forces Expeditionary Medal, Armed Forces Service Medal, and Overseas Service Ribbon.  He also contends he was awarded the Army Good Conduct Medal and should be issued this medal set.

2.  The evidence of record shows that Permanent Orders awarded the applicant the Army Achievement Medal for meritorious service in support of Operation Joint Guard during the period 2 September 1998 to 3 September 1999. Therefore, it would be appropriate to correct his records to show this award.

3.  The evidence of record shows the applicant was awarded the NATO Medal.  The evidence of record also shows that the NATO Medal is awarded to 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     14 November 1995 through a date to be determined.

4.  In his application, the applicant states that he served in Bosnia in support of Operation Joint Guard from 13 August 1997 to 23 June 1998.  In support of his request, the applicant provides a copy of a DA Form 638 that indicates he was awarded the Army Achievement Medal for the period 2 September 1998 to
3 September 1999 and he participated in Operation Joint Guard during a portion of this period.  Thus, the applicant provides conflicting evidence with respect to the period of his service in support of Operation Joint Guard.

5.  The sincerity of the applicant’s contention that he served in support of Operation Joint Guard is not in question.  However, there is insufficient evidence in the applicant’s military personnel records and in the documentation he provides in support of his request to support correction of his records to show his overseas service at this time.  Specifically, the Board cannot determine the exact period of service the applicant served in Bosnia in support of Operation Joint Guard.  As a result, there is insufficient evidence to support correction of his records to show his overseas service and/or award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal, or Overseas Service Ribbon.

6.  The evidence of record shows the applicant was awarded the Army Good Conduct Medal and this award is recorded on his DD Form 214.  As a matter of information, awards and service medals are not issued by the Army Board for Correction of Military Records (ABCMR).  The National Personnel Records Center (NPRC), St. Louis, Missouri, is the appropriate government agency to contact concerning the issuance or replacement of Army awards.  Their website is:  http://www.archives.gov/st-louis/military-personnel.  The applicant may obtain his authorized medals by submitting a request in writing to:  National Personnel Records Center, Attention:  Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5100.

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 adding to Item 13 of his DD Form 214 the Army Achievement Medal.

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 overseas service in support of Operation Joint Guard and award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal, and Overseas Service Ribbon.  




      _______ _   _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)                                         AR20080008516



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ABCMR Record of Proceedings (cont)                                         AR20080008516



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