IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012915 


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 award of the Armed Forces Expeditionary Medal for his service in Bosnia in support of Operation Joint Endeavor.

2.  The applicant states he served in Bosnia for a period of 10 months and he believes he is entitled to award of the Armed Forces Expeditionary Medal.  He was awarded the North Atlantic Treaty Organization (NATO) Medal for this period of service which is shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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's records show he enlisted in the Regular Army on 27 October 1994 for a period of 5 years.  He completed the required training and he was awarded military occupational specialty 97B (Counterintelligence Agent).  He attained the rank/grade of specialist (SPC)/E-4.  His records also show he served in Germany with D Company, 165th Military Intelligence Battalion from 12 June 1995 to 22 June 1997.

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows while in Germany, he deployed to Bosnia in support of Operation Joint Endeavor from 2 January 1996 to 5 November 1996.

4.  He was honorably released from active duty on 26 October 1999 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 shows he completed 5 years, 2 months, and 22 days of total active service.  This form also shows the following entries:

* Item 12f (Foreign Service) shows he completed 1 year, 2 months, and 11 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, National Defense Service Medal, Armed Forces Service Medal, Army Service Ribbon, NATO Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar
* Item 18 (Remarks) does not show his deployed service to Bosnia

5.  An email, dated 27 September 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received hostile fire/imminent danger pay (HF/IDP) from 5 January 1996 to 7 November 1996 for service in Bosnia-Herzegovina.

6.  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).

7.  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 that for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  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.

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

9.  Headquarters, 165th Military Intelligence Battalion, Permanent Orders Number 97-30, dated 9 May 1997, awarded him the Army Achievement Medal for meritorious service from 27 June 1995 to 26 June 1997.

10.  Headquarters, 519th Military Intelligence Battalion, Fort Bragg, NC, Permanent Orders Number 291-01, dated 18 October 1999, awarded him the Army Achievement Medal for meritorious service from 25 August 1998 to
26 October 1999.

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

12.  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).

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 for a period of 10 months.  This period of service is consistent with his DA Form 2-1 which shows he served in Bosnia from 2 January 1996 to 5 November 1996 and his pay records which show he received HF/IDP for service in Bosnia from 5 January 1996 to 7 November 1996. Therefore, he is entitled to correction of his DD Form 214 to show this foreign service in item 18 of his DD Form 214.

3.  The evidence of record shows he served a qualifying period in Bosnia during Operation Joint Endeavor for award of the Armed Forces Expeditionary Medal which is not shown on his records; therefore, he is entitled to the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

4.  The evidence of record shows he was awarded two awards of the Army Achievement Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

5.  The evidence of record shows he served in Germany for a period of 2 years and 15 days (including his service in Bosnia); however, his DD Form 214 credited him with only 1 year, 2 months, and 11 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show 2 years and 15 days of foreign service.

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 "0001  02  11" and replacing it with the entry "0002  00  15";

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal (1st Oak Leaf Cluster) and the Armed Forces Expeditionary Medal (Bosnia); and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19960102 - 19961105."



      _________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)                                         AR20100012915



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012915



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1