IN THE CASE OF:	  

		BOARD DATE:	        09 DECEMBER 2008

		DOCKET NUMBER:  AR20080014215 


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 military records be corrected to show the award of the Armed Forces Expeditionary Medal, the Overseas Service Ribbon, and the NATO Medal. 

2.  The applicant essentially states that he deployed to Bosnia with Company C, 20th Engineer Battalion, 1st Cavalry Division in September 1998, and served there for 6 months for which he was awarded the Armed Forces Expeditionary Medal and the NATO Medal.  He also states that he was awarded the Overseas Service Ribbon for his service in Korea from December 1996 to December 1997, but that these three awards are not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He further states that everyone in his unit in Bosnia was awarded the Armed Forces Expeditionary Medal and the NATO Medal, and he would like his service accurately reflected on his 
DD Form 214.  

3.  The applicant provides his DD Form 214; orders, dated 20 August 1998, with a portion of a personnel roster, which shows that members of the 1st Brigade, 1st Cavalry Division were sent on a temporary change of station (TCS) to Operation Joint Forge in Bosnia-Herzegovina; a DA Form 638 (Recommendation for Award) which recommended him for award of the Army Achievement Medal but was downgraded to a battalion Certificate of Achievement; a Certificate of Achievement, dated 1 February 1999; a certificate awarding him the NATO Medal; and his Enlisted Record Brief in support of this 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 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 record show that he enlisted in the Regular Army on 
8 August 1996.  He completed initial entry training and was awarded military occupational specialty 12B (Combat Engineer).  He served a 1-year tour in Korea from December 1996 to December 1997, then was reassigned to Fort Hood, Texas and assigned to Company C, 20th Engineer Battalion.  On 11 May 2000, he was honorably released from active duty and transferred to the New York Army National Guard.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Army Good Conduct Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  On 26 January 2004, he was honorably discharged from the New York Army National Guard and as a Reserve of the Army.  The NGB Form 22 (Report of Separation and Record of Service) that was issued at the time of his discharge additionally shows that he was awarded the Army Reserve Components Achievement Medal and the National Defense Service Medal during his service in the Army National Guard.

3.  The applicant's DD Form 214 does not show that he was awarded the Armed Forces Expeditionary Medal.  However, the applicant provided orders, dated 
20 August 1998, which essentially show that he deployed on a TCS to Operation Joint Forge in Bosnia-Herzegovina.  He also provided a Certificate of Achievement, dated 1 February 1999, which was presented to him at Camp Bedrock, Bosnia-Herzegovina for meritorious service in support of demining team training from 8 December 1998 to 18 December 1998.  Additionally, he provided a certificate which awarded him the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia from 19 September 1998 through 17 March 1999.  

4.  The applicant's DD Form 214 does not show that he was awarded the Overseas Service Ribbon.  However, the applicant's Enlisted Record Brief shows, in part, that he served in Korea from December 1996 to December 1997. This document also shows that he was awarded the Overseas Service Ribbon.

5.  The applicant's DD Form 214 also does not show that he was awarded the NATO Medal.  However, the applicant provided a certificate which awarded him the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia from 19 September 1998 through 17 March 1999.

6.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

7.  The applicant served in Korea from December 1996 to December 1997; however, his DD Form 214 does not show that he was awarded the Korea Defense Service Medal.  

8.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.  For personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 
21 June 1998 to a date to be determined (Operation Joint Forge), qualifying service for award of the Armed Forces Expeditionary Medal required individuals to be a bona fide member of a unit participating in the operational area defined above or to meet one or more of the following criteria:  1)  Be deployed in the operational area as an individual by official orders to Operations Joint Forge for 30 consecutive or 60 non consecutive days and/or; 2) Participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the land area of Bosnia-Herzegovina, Croatia, Adriatic Sea and their air spaces.
9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation also 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.

10.  Army Regulation 600-8-22 further provides, in pertinent part, that the NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Operations related to the former Republic of Yugoslavia from 14 November 1995 to a date to be determined is one of the designated NATO operations that qualifies for award of the NATO Medal.

11.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Armed Forces Expeditionary Medal, the Overseas Service Ribbon, and the NATO Medal. 

2.  The evidence of record shows that the applicant participated in operations in relation to the former Republic of Yugoslavia from 19 September 1998 through 17 March 1999, which was during a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his military records to show the award of the Armed Forces Expeditionary Medal.

3.  The applicant completed a 1-year tour in Korea from December 1996 to December 1997, and his Enlisted Record Brief shows that he was awarded the Overseas Service Ribbon.  Therefore, he is entitled to correction of his military records to show the award of the Overseas Service Ribbon.

4.  The applicant provided a certificate which clearly shows he was awarded the NATO Medal for service with NATO on operations in relation to the former 
Republic of Yugoslavia from 19 September 1998 through 17 March 1999.  Therefore, he is entitled to correction of his military records to show the award of the NATO Medal.

5.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show the award of the Korea Defense Service Medal.

BOARD VOTE:

___X_____  ___X_____  ___X_____  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 showing the award of the Armed Forces Expeditionary Medal, the Overseas Service Ribbon, the NATO Medal, and the Korea Defense Service Medal.




      _______ _  XXX _______   ___
               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)                                         AR20080014215



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ABCMR Record of Proceedings (cont)                                         AR20080014215



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