IN THE CASE OF:	  

		BOARD DATE:	        28 May 2009

		DOCKET NUMBER:  AR20090001257 


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 the Army Board for Correction of Military Records (ABCMR) issue him a DD Form 214 (Certificate of Release or Discharge from Active Duty) and have that DD Form 214 reflect that he was mobilized to Bosnia/Herzegovina from 16 to 30 November 1997 and from 16 to 30 December 1997.  His record should also reflect the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states, in effect, that none of the above information is currently in his official military personnel file (OMPF).

3.  The applicant provides copies of his DD Form 214, a NATO Medal award certificate, an Operation Joint Guard Scroll of Appreciation Certificate, a Certificate of Appreciation, and a certificate of completion from the Security Forces Augmentee Program in support of his application.  The applicant states that he submitted a Statement of Military Service dated 22 August 2008; however, it was not found in his 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 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 personnel record shows that he enlisted in the U.S. Army Reserve on 25 January 1995, for a period of 8 years.  On 18 June 1996, the applicant was ordered to active duty for training.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Police).

3.  On 6 September 1996, the applicant was honorably released from active duty training and transferred back to his Reserve unit in Tampa, Florida.  He served 
2 months and 19 days of active military service and was awarded the National Defense Service Medal and the Army Service Ribbon.

4.  U.S. Army Reserve Personnel Command Orders D-03-310295, dated 12 March 2003, show that the applicant was honorably discharged from the United States Army Reserve on 12 March 2003.  The applicant was not issued a DD Form 214.

5.  A review of the applicant's retirement points history in his electronic record indicates continuous periods of active duty for training from 19 August 1997 through 31 March 1998 for a total of 225 days of continuous active duty service.

6.  The applicant submitted copies of his DD Form 214, dated 6 September 1996; a NATO Medal Certificate; an Operation Joint Guard Scroll of Appreciation Certificate; a Certificate of Appreciation; and a Security Forces Augmentee Program Certificate of Completion in support of his application.  The awards certificates submitted with his application were not found in his electronic personnel file.

7.  Neither the NATO Medal Certificate nor the Operation Joint Guard Scroll of Appreciation Certificate show his dates of service in the Former Republic of Yugoslavia.  The Security Forces Augmentee Program Certificate of Completion shows he completed the program in Taszr, Hungary, but gives no date of completion.


8.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes 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, Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the OMPF.  Paragraph 2-4 of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.

9.  Army Regulation 635-5 states that, for Item 12f, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).  The regulation also states the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.  

10.  Army Regulation 635-5 also states, in pertinent part, that a DD Form 214 will not be prepared for Reserve Component Soldiers completing less than 90 days of continuous active duty for training, full-time National Guard duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NATO Medal is awarded by the Secretary-General of NATO 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.

12.  Additionally, Army Regulation 600-8-22 states, in pertinent part, to qualify for award of the NATO Medal, U.S. military personnel must complete the qualifying period of service.  Qualifying periods of service for the NATO Medal are either 30 days (continuous or accumulated) in the territory and airspace of the former Republic of Yugoslavia and the Adriatic sea, or 90 days (continuous or accumulated) in the area of operations outside the former Republic of Yugoslavia and Adriatic sea, between 1 July 1992 and 30 November 1995 and permanent instructions for the period from 1 December 1995 through the termination date of the award (a future date to be determined).


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the ABCMR should prepare a DD Form 214 and have that DD Form 214 reflect that he was mobilized to Bosnia/Herzegovina from 16 to 30 November 1997 and from 16 to 30 December 1997 were carefully considered.

2.  A review of the applicant's retirement points in his electronic record indicates that he served continuously on active duty for training without a break in service from 19 August 1997 through 31 March 1998.  Therefore, he should be issued a DD Form 214 to reflect the period of continuous active duty service for training.

3.  The applicant provided three certificates that indicated he did deploy to        the Former Republic of Yugoslavia.  Although no dates are given on the any      of the certificates, any reasonable doubt that the deployment was to Bosnia/Herzegovina and for the periods of time the applicant stated should be resolved in his favor.  Therefore, his DD Form 214 should include these deployments.

4.  The applicant's contention that his records should reflect the NATO Medal was carefully considered.  The NATO Medal certificate he provided is accepted as sufficient evidence to support his request.  

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:

     a.   issuing him a DD Form 214 for continuous service on active duty for training without a break in service from 19 August 1997 through 31 March 1998;

     b.  ensuring that item 12f of that DD Form 214 shows he had 30 days of foreign service; 

     c.  ensuring the NATO Medal is included on that DD Form 214; and 

     d.  showing in item 18 of that DD Form 214 that he deployed to Bosnia-Herzegovina from 16 to 30 November 1997 and from 16 to 30 December 1997.




      ____________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)                                         AR20090002449



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ABCMR Record of Proceedings (cont)                                         AR20090001257



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