BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090015885 


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 periods of service in Bosnia be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and he be awarded any medals due for this service.

2.  The applicant states he served in Bosnia twice, but the dates of this service and any authorized medals for these periods are not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 11 April 1995, completed training, and was awarded the military occupational specialty 74C (Telecommunications Center Operator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows assignment to the 169th Signal Company, Korea, from 8 August 1995 through 6 August 1996 and lists his awards as the National Defense Service Medal, the Army Service Ribbon, and the Army Achievement Medal.

4.  Permanent Orders 03-36, 3rd Battalion, 10th Special Forces Group (Airborne), dated 1 April 1998, show the applicant was awarded the Army Achievement Medal for service during Operation Joint Guard in Bosnia-Herzegovina from 7 December 1997 through 15 April 1998.

5.  The applicant was honorably released from active duty on 10 April 1999.  His DD Form 214 shows 11 months and 29 days of foreign service, but does not indicate where this service was preformed.  It lists his awards as the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Lapel Button, and the Army Service Ribbon.

6.  The applicant's integrated Personnel Electronic Record Management System file does not show award of any decorations other than those listed on the DD Form 214.

7.  The Defense Finance and Accounting Service confirmed that the applicant received hostile fire/imminent danger pay and combat zone tax exemption for Bosnia-Herzegovina from 6 January 1997 through 9 April 1997 (3 months and 4 days) and 8 December 1997 through 15 April 1998 (4 months and 8 days).

8.  Army Regulation 600-8-22 (Military Awards) states 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 for 30 consecutive or 60 nonconsecutive days from 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Personnel Command Message Number 99-100, dated 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that the total amount of foreign service completed during the period covered is to be entered in block 12f.  Additionally, the current version in effect provides that block 18 will contain the following entry for active duty Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Bosnia twice, but the dates of this service and any authorized medals for these periods are not reflected on his DD Form 214.

2.  The applicant served in Bosnia-Herzegovina from 6 January 1997 through 9 April 1997 and 8 December 1997 through 15 April 1998.  These periods of foreign service should be added to his period of service in Korea in block 12f.

3.  There was no requirement to enter imminent danger/hostile fire pay periods on the DD Form 214.  However, a similar practice [which was codified into the regulation shortly after the applicant's discharge requires recording deployments. Therefore, "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970106-19970409 and 19971208-19980415" should be entered in block 18 of the applicant's DD Form 214.

4.  The applicant is also authorized award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for his service in Operation Joint Guard.  It is appropriate to correct the record to reflect these awards.

5.  Additionally, the applicant is authorized the Korea Defense Service Medal for his period of service in Korea.  It is appropriate to correct the record to reflect this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  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.  showing that in addition to the awards listed on the DD Form 214, the applicant is also authorized the Armed Forces Expeditionary Medal, the Armed Forces Service Medal, and the Korea Defense Service Medal;

	b.  correcting the DD Form 214 in block 12f to show a total of 1 year, 7 months, and 11 days; and

	c.  correcting the DD Form 214 in block 18 to show "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970106-19970409 and FROM 19971208-19980415."



      ___________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)                                         AR20090015885



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ABCMR Record of Proceedings (cont)                                         AR20090015885



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