IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100012183 


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 the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Item 12b (Separation Date) – change separation date from 24 July 2009 to an unspecified date in 2002
* Item 12c (Net Active Service This Period) – change amount of active service from 10 years, 3 months, and 25 days to an unspecified amount
* Item 12f (Foreign Service) – add his foreign service in Bosnia
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – add North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states the following:

* He was released from confinement in 2002 and was immediately discharged at Fort Carson
* He was deployed to Bosnia in March 2000 to September 2000 
* He was awarded the NATO Medal for his service in Bosnia

3.  The applicant provides a copy of the first page of a memorandum, subject: Recommendation of the Staff Judge Advocate – PVT [applicant’s name] in support of his application.  



CONSIDERATION OF EVIDENCE:

1.  The applicant’s complete military records are not available to the Board.  However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.  

2.  The applicant enlisted in the Regular Army on 30 March 1999 for a period of 4 years.  

3.  The applicant provided a certificate which shows he was awarded the NATO Medal with service in NATO on operations in relation to the former Yugoslavia during the period 15 March 2000 to 15 September 2000.  This certificate shows he was assigned to Troop F, 2nd Squadron, 3rd Armored Cavalry Regiment.  

4.  The applicant also provided the first page of a memorandum, dated 13 December 2002, from the Office of the Staff Judge Advocate, 7th Infantry Division and Fort Carson.  Paragraph 2b of this memorandum indicates the applicant’s total creditable service as approximately three years and five months.  

5.  The applicant was discharged from the service on 24 July 2009 under the provisions of Army Regulation 635-200, chapter by reason of court-martial, other with issuance of a bad conduct discharge.  His DD Form 214 shows he was on excess leave from 18 July 2002 through 24 July 2009.  

6.  Item 12b of the applicant’s DD Form 214 shows he was discharged on 24 July 2009.  His separation orders are not available.  

7.  Item 12c of his DD Form 214 shows he completed 10 years, 3 months, and 25 days net service this period.  

8.  Item 12f of his DD Form 214 does not show any foreign service.  His DD Form 214 does not show service in Bosnia in item 18 (Remarks).

9.  Item 13 of his DD Form 214 shows the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon as authorized awards.  

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record 


of active Army service at the time of release from active duty, retirement or discharge.  It directs that the separation date is the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.

11.  Army Regulation 635-5 directs that foreign service performed during the period covered by the DD Form 214 will be entered in block 12f.  This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the statement:  "SERVICE IN (Name of Country Deployed) FROM (inclusive dates)."

12.  Army Regulation 600-8-22 (Military Awards) states the NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

13.  Information obtained from the global security.org website states the 2nd Squadron (“Sabre Squadron”), 3rd Armored Cavalry Regiment was notified in August 1998 that it would participate in the Bosnian peace-keeping mission as part of Stabilization Force 7 (SFOR 7).  When the 3rd Armored Cavalry Regiment deployed, beginning in February of 2000, it represented 75 percent of the American contribution to the Multinational Division North (MND-N) and constituted the bulk of the American maneuver element.  The Troopers of 2nd Squadron helped facilitate the elections that began a new era of democracy for the Bosnian state.  There were no major incidents or violent demonstrations in their area of responsibility during the six month deployment.  Before the troopers of Task Force Eagle could return to Fort Carson, they had to train their replacements to assume the peacekeeping mission.  Once this was accomplished, the various units began returning to Fort Carson and the last unit closed on 7 October 2000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided sufficient evidence which indicates he was discharged in 2002.  His DD Form 214 confirms he was on excess leave from 


18 July 2002 until 24 July 2009.  He was immediately discharged on 24 July 2009 with a bad conduct discharge.  It appears he could not have been discharged until the appellate action was finalized.  Therefore, the correct separation date and net active service are recorded in items 12b and item 12c of his DD Form 214.  

2.  The applicant’s DD Form 214 does not show any foreign service in item 12f.  However, his award certificate for the NATO Medal shows he served in Bosnia-Herzegovina (former Republic of Yugoslavia) with Troop F, 2nd Squadron, 3rd Armored Cavalry Regiment from 15 March 2000 to 15 September 2000.  In addition, the internet information shows his unit served in Bosnia.  This evidence is accepted as sufficient as a basis to amend the applicant’s DD Form 214 to show the following entries:

* Item 12f - “0000 06 01”
* Item 18 - “SERVICE IN BOSNIA-HERZEGOVINA FROM 20000315 TO 20000915”
* Item 13 - NATO Medal 

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:

	a.  amending item 12f of his DD Form 214 to show the entry “0000 06 01”;

	b.  amending item 18 of his DD Form 214 to show the entry “SERVICE IN BOSNIA-HERZEGOVINA FROM 20000315 TO 20000915”; and 

	c.  amending item 13 of his DD Form 214 to add the NATO Medal.

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 amending his separation date in item 12b and his amount of active service in item 12c.  




      _______ _   _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)                                         AR20100012183





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ABCMR Record of Proceedings (cont)                                         AR20100012183



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