IN THE CASE OF:	

		BOARD DATE:	18 August 2009    

		DOCKET NUMBER:  AR20090005097 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service on active duty during the Bosnia War and any awards as a result of this service; any individual awards for his efforts in the processing of deployment orders for thousands of Reserve Soldiers to Bosnia; and his assignment to Fort Dix, NJ, as the last enlisted Soldier to leave Fort Dix. 

2.  The applicant states that he served on active duty from 18 February 1993 to 17 February 1997.  He adds that he was assigned to Fort Dix from September 1994 to February 1997 and helped process approximately 10,000 deployment orders for Reserve Soldiers deploying to Bosnia.  He further adds that he was the last enlisted Soldier to leave Fort Dix before the base was realigned to be a Reserve training base and feels that this information was neglected due to the lack of knowledge by himself and the official who outprocessed him.

3.  The applicant provides a copy of his DD Form 214, dated 17 February 1997, 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’s records show he enlisted in the Regular Army (RA) for a period of 4 years on 18 February 1993.  He completed basic combat and advanced individual training and was awarded military occupational specialty 75C (Personnel Management Specialist).  He subsequently served in Korea from 1 October 1993 to 1 October 1994.  

3.  The applicant’s records also show that upon completion of his tour in Korea he was reassigned to Headquarters Company, Fort Dix, on 21 October 1994.  He was honorably released from active duty in the rank/grade of specialist (SPC)/
E-4 on 17 February 1997 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation. Item 8a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows his last duty assignment as Headquarters Company, Headquarters Command, U.S. Army Garrison, Fort Dix.

4.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the entry “01  00  00” indicating he completed one year of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served in Bosnia.

7.  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 for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (Only for participants deployed to Bosnia-Herzegovina/Croatia).

8.  Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award 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.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, 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).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

9.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  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 specific NATO operations.  Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (b) Operations related to Kosovo (13 October 1998 to a date to be determined) are approved by the Secretary of Defense for acceptance and wear of the NATO Medal.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 8a (Last Duty Assignment and Major Command) shows the last unit of assignment and major command; item 8b (Station Where Separated) shows the location where Soldier is transitioning, include State or country; and item 18 (Remarks) shows the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for an active duty Soldier deployed with his or her unit during their continuous period of active service.

11.  Title 10, U. S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a 
decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show his assignment to Fort Dix and any awards/decorations he may have earned for supporting the Bosnia conflict. 

2.  With respect to Bosnia awards, there is no evidence in the available records and the applicant did not provide any evidence that shows he served in Bosnia.  Therefore, he is ineligible for any Bosnia-specific awards. 

3.  With respect to his support role, the applicant’s efforts in the processing of approximately 10,000 deployment orders for Reserve Soldiers deploying to Bosnia is noted.  However, there is no unique award or decoration to recognize this specific support function other than an individual decoration in the form of an Army Achievement Medal or an Army Commendation Medal.  

4.  While the available evidence is insufficient for awarding the applicant an Army Achievement Medal or an Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for an Army Achievement Medal or an Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  With respect to his Fort Dix service, the applicant’s assignment to Fort Dix as his last duty assignment is properly shown in item 8a of his DD Form 214.  There is no provision to show an entry on the DD Form 214 that he was the last enlisted Soldier to leave Fort Dix.

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.



      __________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)                                         AR20090005097



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ABCMR Record of Proceedings (cont)                                         AR20090005097



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