IN THE CASE OF:	  

		BOARD DATE:	       23 January 2009

		DOCKET NUMBER:  AR20080016803 


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 that his deployment to Bosnia be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests award of the Armed Forces Expeditionary Medal (AFEM) and the North Atlantic Treaty Organization (NATO) Medal be added to his DD Form 214.  

2.  The applicant states that he was deployed with Company B, 115th Forward Support Battalion, 1st Cavalry Division to Bosnia in September 1998.

3.  The applicant provides a copy of his DD Form 214 and another Soldier's DD Form 214 and award certificate for the NATO Medal 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 (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 enlisted in the Regular Army on 2 January 1996.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 92Y (Unit Supply Specialist).  His highest grade attained was specialist.  

3.  Information obtained from the Defense Finance and Accounting Service (DFAS) shows the applicant received hostile fire pay for service in Bosnia from 1 September 1998 to 31 March 1999.

4.  The applicant was honorably released from active duty on 22 April 2000.   

5.  His DD Form 214 shows the Army Lapel Button, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  His DD Form 214 does not show any foreign service in item 12f (Foreign Service).

7.  Item 18 (Remarks) on his DD Form 214 does not show service in 
Bosnia.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in block 12f.  This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the statement:  "SERVICE IN (Name of Country Deployed) FROM (inclusive dates)."

9.  MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the AFEM or the Armed Forces Service Medal (AFSM) to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space.  Award of the AFSM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

10.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was deployed to Bosnia with Company B, 115th Forward Support Battalion, 1st Cavalry Division in September 1998.

2.  The applicant's military pay records at DFAS indicate he arrived in Bosnia on 1 September 1998 and departed on 31 March 1999.  As indicated, his military pay records cover entire months for pay purposes.  However, the applicant's specific dates he deployed to and departed from Bosnia are needed in order to correct his DD Form 214.  

3.  Unfortunately, there is insufficient evidence (i.e. deployment orders or military pay vouchers) which verify the applicant's specific dates of deployment to Bosnia.  

4.  In addition, the evidence of record and the evidence provided by the applicant do not indicate what operation he supported (or more specifically, directly supported) while in Bosnia.  Therefore, there is insufficient evidence on which to base award of the AFEM.

5.  Further, while the evidence available verifies that the applicant served in Bosnia during a qualifying period for award of the NATO Medal, that award is not an Army award.  Therefore, this Board is not authorized to award the NATO Medal.  However, if the applicant can provide a NATO Medal award certificate showing it has already been awarded to him, this Board would consider adding the NATO Medal to his DD Form 214.

6.  Regrettably, there is an insufficient basis for correction of his DD Form 214 to show his deployment to Bosnia or to award him the AFEM and the NATO Medal.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  _____x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _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)                                         AR20080016803



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ABCMR Record of Proceedings (cont)                                         AR20080016803



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