IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100008899 


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 in Bosnia from 1 April 1997 to 1 November 1997 in support of Operation Joint Guard and award of the Armed Forces Expeditionary Medal.

2.  The applicant states he was separated prior to approval of various medals and decorations for Operation Joint Guard and that by law, he should be entitled to certain awards associated with his service in Bosnia. 

3.  The applicant provides the following documents:

* Memorandum, dated 3 May 197, authorizing him the Armed Forces Service Medal
* DA Form 638 (Recommendation for Award), dated 4 March 1998, awarding him the Army Commendation Medal
* DA Form 638, dated 28 August 1997, awarding him the Army Achievement Medal
* DD Form 214, dated 13 April 1998
* Certificate of Appreciation, dated 19 August 1997
* Certificate of the NATO Medal, dated 7 October 1997

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 5 years on 14 April 1993 and held military occupational specialty 97E (Interrogator).  He was assigned to the 519th Military Intelligence Battalion, Fort Bragg, NC.

3.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 13 April 1998 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Lapel Button, Army Achievement Medal (2nd Award), Good Conduct Medal, National Defense Service Medal, Armed Forces Service Medal, Humanitarian Service Medal, Army Service Ribbon, NATO Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge.

5.  Item 18 (Remarks) of his DD Form 214 does not show he served in an authorized hazardous fire pay/imminent danger pay (HFP/IDP) area. 

6.  An email, dated 23 July 2010, from the Defense Finance and Accounting service shows he received HFP/IDP and combat zone tax exemption from 5 April 1997 to 24 October 2007 for service in Bosnia.

7.  He submitted the following documents:

	a.  A memorandum, dated 3 May 1997, authorizing him and other Soldiers the Armed Forces Service Medal for service in Bosnia.  The memorandum listed his date of arrival in Bosnia as 5 April 1997.

	b.  A DA form 638, dated 4 March 1998, showing he was awarded the Army Commendation Medal for service by authority of Permanent Orders Number 83-10, issued by Headquarters, 525th Military Intelligence Brigade.   One of his achievements addresses his 8-month deployment to Bosnia. 
	c.  A DA Form 638, dated 28 August 1997, showing he was awarded the Army Achievement Medal for achievement while serving with Task Force Eagle in Bosnia by authority of Permanent Orders Number 244-4, issued by Headquarters, 519th Military Intelligence Battalion.

	d.  A certificate of appreciation, dated 19 August 1997, commending him on his outstanding contribution during Operation Joint Guard in the Former Republic of Yugoslavia. 

	e.  A certificate awarding him the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia from 5 April 1997 to 7 October 1997 .

8.  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 and Croatia).

9.  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 DOD 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.

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 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 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, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Bosnia from 1 April 1997 to 1 November 1997 in support of Operation Joint Guard and award of the Armed Forces Expeditionary Medal.

2.  He states he served in Bosnia from 1 April 1997 to 1 November 1997.  This period of service is slightly inconsistent with his pay records which show he received HFP/IDP for service in Bosnia from 5 April 1997 to 24 October 1997 or the memorandum authorizing him the Armed Forces Service Medal for service in Bosnia that listed his date of arrival as 5 April 1997 or the certificate awarding him the NATO Medal for service with NATO from 5 April 1997 to 7 October 1997. 

3.  Therefore, his service in Bosnia is not in question.  His dates of arrival or departure, on the other hand remain problematic.  It appears his pay records depict a more accurate set of dates that are more consistent with his certificates and awards.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Bosnia from 5 April 1997 to 24 October 1997 in the remarks block of his DD Form 214.

4.  This period of service also qualifies him for award of the Armed Forces Service Medal which is not shown on his records; therefore, he is entitled to this award and correction of his records to show it.

5.  Permanent orders awarded him the Army Commendation Medal which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

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 by:

* adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal and the Army Commendation Medal
* adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19970405 - 19971024"

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 showing service in Bosnia from 1 April 1997 to 1 November 1997.  



      _______ _  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)                                         AR20100008899



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)