IN THE CASE OF:	

		BOARD DATE:	  06 April 2010

		DOCKET NUMBER:  AR20090017554 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Yugoslavia as well as all awards and decorations he may have earned.

2.  The applicant states, in effect, he served in the S-4 section of the 2nd Battalion, 22nd Infantry, in Yugoslavia from 15 September 2001 to an unknown date in March 2002 and is unsure of what awards and decorations he earned.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 on 19 July 2000 for a period of 3 years and held military occupational specialty (MOS) 92Y (Supply Specialist).  He was assigned to B Company, 2nd Battalion, 22nd Infantry, Fort Drum, NY.

3.  He was honorably released from active duty on 18 July 2003 in the rank/grade of specialist (SPC)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligations.

4.  His DD Form 214 shows he completed 3 years of creditable active military service.  This form also shows:

	a.  Item 12f (Foreign Service) does not show completion of any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Army Lapel Button.

   c.  Item 18 (Remarks) does not show he served in a hostile fire/imminent danger pay (HF/IDP) area.

5.  An email, dated 25 February 2010, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, shows he received HF/IDP from 15 September 2001 through 22 March 2002 for service in Bosnia.

6.   Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina/Croatia) and in the Former Republic of Yugoslavia for Operation Joint Forge from 21 June 1998 to a date to be determined.

7.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.
8.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

9.  His record does not contain permanent orders awarding him his first award of the Army Good Conduct Medal; yet, his record is void of any derogatory information in the form of a court-martial, suspension of favorable personnel actions (flag), lost time, or non-judicial punishment (NJP).  His records also do not contain a commander's disqualification for the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his foreign service in Yugoslavia as well as additional awards should be shown on his DD Form 214.

2.  He states that he served in Yugoslavia from 15 September 2001 to an unknown date in March 2002.  This period of service is consistent with his pay records which show he received HF/IDP for 6 months and 8 days of foreign service in Bosnia from 15 September 2001 to 22 March 2002 and he is entitled to correction of his DD Form 214 to show this foreign service.
3.  The evidence of record shows he served a qualifying period of service in Bosnia from 15 September 2001 to 22 March 2002 for award of the Armed Forces Expeditionary Medal which is not shown on his records; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his records to show this award.

4.  The evidence of record shows he served honorably from 19 July 2000 through 18 July 2003.  He served in Bosnia, attained the rank/grade of SPC/E-4, and he was awarded the Army Achievement Medal.  Furthermore, his record is void of any lost time, NJP, flagging action, or a commander's disqualification.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his records to show this award.

5.  The evidence of record shows he served on active duty from 19 July 2000 through 18 July 2003 and participated in the Global War on Terrorism operations outside of the designated AOE.  Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award.

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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  06  08";

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 19 July 2000 through 18 July 2003;
	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, and the Global War on Terrorism Service Medal; and

   d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 20010915 – 20020322."



      ___________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)                                         AR20090017554



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017554



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1