IN THE CASE OF:	  

		BOARD DATE:	  15 September 2009

		DOCKET NUMBER:  AR20090007382 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was an Army National Guard specialist/pay grade E-4 with overseas service in Bosnia from October 1996 to April 1997 and that he was awarded the NATO Medal, two awards of the Army Achievement Medal (AAM), one award of the Army Commendation Medal (ARCOM), the Armed Forces Service Medal, the Armed Forces Service Medal (AFSM), the Army Service Ribbon (ASR), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He also requests that his completion of military education courses which include the Hazardous Materials Course and the Fuel Handlers Course be added to his DD Form 214.

2.  The applicant states, in effect, that his DD Form 214 should be corrected to reflect that he was an Army National Guard Soldier who served in Bosnia from October 1996 to April 1997 in the rank of specialist/pay grade E-4; he was awarded the ARCOM, two AAMs, the NATO Medal, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and he completed the 1-week Fuel Handlers Course in 1997 and the 2-week Transportation of Hazardous Materials Course in 1998.

3.  The applicant provides copies of his DD Form 214, a copy of his installation clearance record, a copy of his hand grenade scorecard, a copy of his discharge orders from the United States Army Reserve (USAR), a copy of his enlistment contract into the Illinois Army National Guard (ILARNG), a copy of his separation orders from the Regular Army, a copy of promotion instruments orders advancing him to the pay grades of E-3 and E-4, copies of two Certificates of Achievement, a copy of the citation awarding him the NATO Medal, a copy of his citation and orders awarding him the AAM for the period of 6 October 1997 to 9 October 1997, a copy of the citation and orders awarding him the ARCOM for the period of 10 September 1996 to 1 June 1998, a copy of a Certificate of Training from his advanced individual training unit showing he completed the Petroleum Vehicle Operator Course (no period indicated), a copy of a Certificate of Training showing he completed a 1-week (40-hour) Fuel Handlers Course at Fort Hood, Texas, on 27 June 1997, and a copy of a Certificate of Training indicating that he completed the 2-week (80-hour) Technical Transportation of Hazardous Materials Course at Fort Hood on 20 March 1998.

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 29 February 1996 for a period of 2 years and 21 weeks and training as a petroleum supply specialist.  He successfully completed his training and was transferred to Fort Hood.

3.  Information obtained from the Defense Finance and Accounting Service indicates that the applicant deployed to Bosnia-Herzegovina from 26 October 1996 until 21 March 1997 when he returned to his unit at Fort Hood.  He was advanced to the pay grade of E-4 on 1 January 1998.

4.  On 25 July 1998, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 2 years, 4 months, and 27 days of total active service and his DD Form 214 reflects that he was awarded the Army Lapel Button, the Army Service Ribbon (ASR), and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It also reflects that he completed the Petroleum Supply Specialist course of 9 weeks in 1996.  There is no indication in the remarks section of his DD Form 214 to reflect his service in Bosnia.

5.  The applicant enlisted in the ILARNG.  He was transferred to his unit upon his REFRAD, where he continued to serve in the ILARNG until he was discharged under honorable conditions on 6 October 2000, due to unsatisfactory performance.  He was transferred to the USAR Control Group (Reinforcement) until he was honorably discharged on 17 February 2004.

6.  A review of the available records fails to show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar or an additional award of the AAM.  Additionally, the applicant was REFRAD as an E-4 in the Regular Army and his DD Form 214 shows that he was awarded the ASR.  Accordingly, no further discussion is required with regard to his component and award of the ASR.  His records also contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  The documents provided by the applicant confirm that he was awarded the ARCOM, the AAM, the NATO Medal, and the Expert Marksmanship Qualification Badge with Grenade Bar.  The documents provided by the applicant also confirm that he completed the 1-week (40-hour) Fuel Handler Course at Fort Hood on 27 June 1997 and the 2-week (80-hour) Technical Transportation of Hazardous Materials Course at Fort Hood on 20 March 1998.

8.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of United States military units in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility or meet one or more of the following criteria:  be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility, or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

11.  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 or 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.

12.  Army Regulation 600-8-22 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and appear to have some merit with regard to the addition to his DD Form 214 of his service in Bosnia; his awards of the ARCOM, the AAM (one award), the AFSM, the NATO Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar; and his completion of the 1-week (40-hour) Fuel Handlers Course at Fort Hood, Texas on 27 June 1997 and the 2-week (80-hour) Technical Transportation of Hazardous Materials Course at Fort Hood on 20 March 1998.

2.  Additionally, the applicant is entitled to be awarded the AFEM for his service in Bosnia and the NDSM by virtue of his period of service.  Further, after carefully examining the applicant’s record of service, it appears that the applicant should have received the AGCM for his service from 29 February 1996 through 25 July 1998.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

3.  However, there is no evidence in the available records to show that he was awarded a second award of the AAM or that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, lacking such evidence (orders), there appears to be no basis to add those awards at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing that he served in Bosnia from 26 October 1996 through 21 March 1997;

	b.  by awarding him the AFEM and the AGCM for the period of 29 February 1996 to 25 July 1998;

	c.  by showing that he was awarded the ARCOM, the AFSM, the AFEM, the AAM, the AGCM, the NDSM, the NATO Medal, and the Expert Marksmanship Qualification Badge with Grenade Bar; and

	d.  by showing that he completed the 1-week (40 hours) Fuel Handler Course at Fort Hood on 27 June 1997 and the 2-week (80 hours) Technical Transportation of Hazardous Materials Course at Fort Hood on 20 March 1998.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a second award of the AAM and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


      ___________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)                                         AR20090007382



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007382



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1