IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080011747
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to Bosnia and award of the Armed Forces Expeditionary Medal and the North Atlantic Treaty Organization (NATO) Medal.
2. The applicant states, in effect, that she served in Bosnia in support of Operation Joint Endeavor during the period January 1996 to November 1996 and her DD Form 214 does not reflect her service in Bosnia. She also states that she should have received the Armed Forces Expeditionary Medal and the NATO Medal for her service in Bosnia.
3. In a letter, dated 25 July 2008, the applicant indicates that her service in Bosnia is shown in item 18 (Remarks) on her DD Form 214; however, she is not sure if this service should be listed somewhere else on the DD Form 214.
4. The applicant provides a copy of her DD Form 214 and a News Release on the Armed Forces Expeditionary Medal approved for Operation Joint Endeavor or Operation Joint Guard, in support of her 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 (ABCMR) to excuse an applicants 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 applicants 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 on 22 November 1995, served as a petroleum supply specialist in Bosnia from 9 January 1996 to 26 November 1996 (10 months and 18 days), and was released from active duty on 21 November 1998.
3. The applicants DD Form 214 shows she was awarded the Army Achievement Medal, the Army Superior Unit Award, the Army Good Conduct Medal, the National Defense Service Medal, the Armed Forces Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon as authorized awards. Item 12f (Foreign Service) on her DD Form 214 shows the entry, 0000 10 18. Item 18 on her DD Form 214 shows, in pertinent part, the entry, SERVICE IN BOSNIA: 960109-961126. Since the applicants foreign service is properly shown in items 12f and 18 on her DD Form 214, this portion of her request will not be discussed further in these Proceedings.
4. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. Table 2-3 authorizes this award for service in Operation Joint Endeavor during the period 1 June 1992 through
20 June 1998 in Bosnia and Croatia only.
5. The 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 served
under NATO command or operational control in direct support of NATO operations related to the former Republic of Yugoslavia from 14 November 1995 through a date to be determined.
DISCUSSION AND CONCLUSIONS:
Based on the applicants service in Bosnia, she is eligible for award of the Armed Forces Expeditionary Medal and the NATO Medal.
BOARD VOTE:
____xx____ ____xx____ ___xx_____ 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 adding the Armed Forces Expeditionary Medal and the NATO Medal on her DD Form 214.
______xxxx________________
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) AR20080011747
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ABCMR Record of Proceedings (cont) AR20080011747
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