IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100016175 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Armed Forces Expeditionary Medal, completion of basic airborne training and a combat lifesaver course, and his service in Bosnia.

2.  The applicant states he earned the Armed Forces Expeditionary Medal for his period of service in Bosnia.  He is proud of his service in the Army and with the 82nd Airborne Division and would like all of his training and his foreign service included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, an Operation Joint Guard Scroll of Appreciation, North Atlantic Treaty Organization (NATO) Medal Certificate, a 1995 Airborne Course Certificate of Training, a 1996 Emergency Lifesaver Certificate of Training, and a Wikipedia article about the Armed Forces Expeditionary Medal.

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 enlisted in the Regular Army on 17 March 1995, completed training, and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).

3.  Headquarters, U.S. Army Infantry Center, Permanent Orders 212-395, dated 31 July 1995, awarded the applicant the Parachutist Badge and MOS special skills designator "P" [19D1P] for successful completion of airborne training.  The training ending date is shown as 11 August 1995.

4.  An Emergency Lifesaver Course Certificate of Training shows completion of the 80-hour Emergency Lifesaver Course on 22 March 1996.

5.  The applicant was honorably released from active duty on 16 March 1998.  His DD Form 214 lists his awards as the Armed Forces Service Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and NATO Medal.  It shows 5 months and 20 days of foreign service, but not the location of this service.  It lists his military education as only cavalry scout training.

6.  A review of the applicant's records by the Defense Finance and Accounting Service shows he received hostile fire/imminent danger pay for service in Bosnia-Herzegovina from 13 August 1997 through 2 February 1998.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  Table 2-3 lists qualifying service in the designated U.S. military operations in direct support of the United Nations, including in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 for Soldiers deployed in Bosnia-Herzegovina and Croatia.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  Block 14 (Military Education) is to show all formal in-service (full-time attendance) training courses successfully completed.  This information is to assist the Soldier in job placement and counseling and training courses for combat skills are not to be listed.  They are to be listed with the inclusion of the title, length in weeks, and year completed.

	b.  Block 18 (Remarks) is for Department of the Army mandatory entries when a separate block is not available and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and 14.  For an active duty Soldier deployed with his or her unit in a hostile fire/imminent danger pay zone, the following statement should be entered:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates) YYYYMMDD-YYYYMMDD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he earned the Armed Forces Expeditionary Medal for his period of service in Bosnia.  He is proud of his service in the Army and with the 82nd Airborne Division and would like his training and service to be included on his DD Form 214.

2.  The applicant is shown to have served with NATO forces in Bosnia-Herzegovina from 13 August 1997 through 2 February 1998.  This period of deployment should be entered on the DD Form 214 in block 18.

3.  His service in Bosnia-Herzegovina qualifies him award of the Armed Forces Expeditionary Medal.  Therefore, it is appropriate to award the applicant this medal.

4.  The applicant completed the 3-week Airborne Course and was awarded the Parachutist Badge.  This badge is not listed on his DD Form 214 and it is appropriate to correct this oversight.

5.  In addition to his training as a cavalry scout, the applicant also completed the 3-week Airborne Course in 1995 and the 2-week Emergency Lifesaver Course in 1996.  These training courses are not strictly combat skill courses and should be listed on his DD Form 214.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 by adding in:

	a.  block 13 - Armed Forces Expeditionary Medal and Parachutist Badge;

	b.  block 14 - "BASIC AIRBORNE, 3 WEEKS, 1995" and "EMERGENCY LIFESAVER, 2 WEEKS, 1996"; and

	c.  block 18 - "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970813-19980202."




      _______ _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)                                         AR20100016175



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ABCMR Record of Proceedings (cont)                                         AR20100016175



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