IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100017982 


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, in effect, 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 service.

2.  The applicant states he served with A Company, 127th Signal Battalion, in Bosnia from February to September 1997.

3.  The applicant provides his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States). 

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 (RA) for a period of 4 years on 3 March 1994 and he held military occupational specialty 31F (Network Switching Systems Operator/Maintainer). 

3.  He served in Germany with A Company, 123rd Signal Battalion from 25 October 1994 to 19 October 1997.  During his service in Germany, he was promoted to specialist (SPC)/E-4 on 3 June 1996.  He also executed a 6-year reenlistment in the RA on 13 June 1997.  His DD Form 4 shows he executed this reenlistment while in Tuzla, Bosnia.

4.  He was honorably released from active duty on 13 January 2000 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

5.  His DD Form 214 shows he completed 5 years, 10 months, and 11 days of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) shows he completed 2 years, 11 months, and 25 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar. 

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

6.  An email, dated 28 December 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received HFP/IDP and combat zone tax exemption from 19 March to 21 September 1997 for service in Bosnia-Herzegovina.

7.  Permanent Orders 31-06, issued by Headquarters, 121st Signal Battalion, 1st Infantry Division, on 6 November 1997, awarded him the Army Achievement Medal for meritorious service while deployed in support of Operation Joint Guard and service in Germany from 25 October 1994 to 24 October 1997.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  Headquarters, 18th Personnel Service Battalion, Fort Bragg, NC, Permanent Orders 125-193, dated 5 May 1998, awarded him the Army Good Conduct Medal (1st Award) for service from 3 March 1994 through 2 March 1997.

12.  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.


13.  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 he served in Bosnia from February 1997 to September 1997.  His pay records show he received HFP/IDP for service in Bosnia from 19 March to 21 September 1997.  The beginning date he claims is inconsistent with his pay records.  In the absence of additional documentary evidence to support his contention, he is only entitled to correction of his DD Form 214 to show foreign service in Bosnia from 19 March through 
21 September 1997 in the remarks block of his DD Form 214.

2.  The evidence of record shows he 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 DD Form 214; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal and correction of his DD Form 214 to show both awards.

3.  Permanent orders awarded him the Army Good Conduct Medal (1st Award) and the Army Achievement Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both 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:

* adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1std Award), Army Achievement Medal, Armed Forces Expeditionary Medal, and Armed Forces Service Medal
* adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19970319 - 19970921"



      _______ _   _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)                                         AR20100017982



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ABCMR Record of Proceedings (cont)                                         AR20100017982



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