BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090020896 


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 foreign service in Bosnia and all awards and decorations associated with this foreign service.

2.  The applicant states he served in Bosnia from 17 October 1996 to 30 April 1997 with the 68th Transportation Battalion in North Atlantic Treaty Organization (NATO) operations related to the Former Republic of Yugoslavia.  However, his DD Form 214 does not reflect this foreign service.

3.  The applicant provides a copy of a certificate awarding him the NATO Medal and a copy of his DD Form 214, dated 11 August 1999.

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 for a period of 3 years on 1 July 1993 and held military occupational specialty 63S (Heavy Wheel Vehicle Mechanic).  He also executed a 3-year reenlistment on 12 August 1996 and attained the rank/grade of sergeant/E-5.

3.  His records show he served in Germany from on or about 4 January 1994 to on or about 11 August 1999.  He was assigned to the 68th Transportation Company, 28th Transportation Battalion.

4.  He was honorably released from active duty on 11 August 1999 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  His DD Form 214 shows he completed 6 years, 1 month, and 11 days of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) shows he completed 5 years, 7 months, and 8 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal (1st Oak Leaf Cluster), the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar.

	c.  Item 18 (Remarks) does not show service in a hazardous fire pay/imminent danger pay (HFP/IDP) area.

6.  An electronic mail message from the Defense Finance and Accounting Service, Indianapolis, IN, dated 26 April 2020, shows the applicant received HFP/IDP from 1 November 1996 to 14 March 1997 for service in Bosnia-Herzegovina.

7.  The applicant submitted a copy of a certificate awarding him the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia from 17 October 1996 to 30 April 1997.

8.  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 his or her military service.  It is important that information entered on the form be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, 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 records.  Additionally for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

9.  Army Regulation 600-8-22 (Military Awards) provides 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 for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).

10.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

11.  His record does not contain permanent orders awarding him any awards 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 nonjudicial punishment.  His records also do not contain a commander's disqualification for the Army Good Conduct Medal.

12.  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.

13.  Army Regulation 600-8-22 provides for award of the Armed Forces Service Medal.  The Armed Forces Service Medal is awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  The Armed Forces Service Medal may be authorized for the significant U.S. military activities for which no other U.S. campaign or service medal is appropriate, such as peacekeeping operations and/or prolonged humanitarian operations.  The Armed Forces Service Medal may be awarded for U.S. military operations in direct support of the United Nations or NATO and for operations of assistance to friendly foreign nations.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days' duration) or for 60 consecutive days provided this support involves entering the area of operations or meet the following criteria:  (1) while participating as a regularly-assigned aircrew member, accumulates 15 days of service (consecutive/
nonconsecutive) flying sorties into, out of, within, or over the area in direct support of the military operations and (2) 1 day's service is credited for the first sortie flown on any day.

14.  U.S. 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Bosnia foreign service and awards should be shown on his DD Form 214.

2.  He states he served in Bosnia from 17 October 1996 to 30 April 1997.  This period of service is consistent with his pay records which show he received HFP/IDP for service in Bosnia from 1 November 1996 to 30 April 1997 and he is entitled to correction of his DD Form 214 to show this foreign service in the remarks block of his DD Form 214.

3.  The applicant was awarded the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia from 17 October 1996 to 30 April 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows the applicant served a qualifying period in Bosnia during Operation Joint Endeavor for award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal which are not shown on his records; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal and correction of his records to show these awards.
5.  The evidence of record shows he served honorably from 1 July 1993 through 11 August 1999.  He served in Bosnia, attained the rank/grade of SGT/E-5, and he was awarded multiple awards.  Furthermore, his record is void of any lost time, nonjudicial punishment, flagging action, or a commander's disqualification memorandum.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him two awards of the Army Good Conduct Medal and correct his records to show these awards.

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.  awarding him the Army Good Conduct Medal (1st Award) and the Army Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity from 1 July 1993 through 30 June 1996 and from 1 July 1996 through 30 June 1999, respectively;

	b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (2nd Award), the NATO Medal, the Armed Forces Expeditionary Medal, and the Armed Forces Service Medal; and

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19961017-19970430."



      _____________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)                                         AR20090020896



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ABCMR Record of Proceedings (cont)                                         AR20090020896



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