BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100017999 


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 the Armed Forces Expeditionary Medal (AFEM), Armed Forces Service Medal (AFSM), and North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he was assigned to the 82nd Engineer Battalion, 1st Infantry Division, and served in Bosnia for more than 30 days in support of Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG).  He adds that he separated from active duty prior to the awards being authorized and recently learned he was entitled to these service medals.

3.  The applicant provides a copy of his Bosnia-Herzegovina Stabilization Force identification badge and a 2-page extract of Army Regulation 600-8-22 (Military Awards).

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.  After having had prior U.S. Army Reserve service, the applicant apparently enlisted in the Regular Army for a period of 3 years on 27 March 1996.  

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 19 September 1997 based on unsatisfactory performance and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 1 year, 5 months, and 23 days of net active service during this period and 1 year, 5 months, and 12 days of foreign service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with (M-16) Rifle and Machine Gun Bars.

	b.  Item 18 (Remarks) does not show an entry regarding overseas service.

4.  There is no evidence in the applicant's military personnel records that shows he was awarded the AFEM, AFSM, or NATO Medal.

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) General Processing Branch, Cleveland, OH, was asked to verify information relevant to the applicant's receipt of hostile fire pay/imminent danger pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP for service in Bosnia-Herzegovina from 21 March 1997 through 21 June 1997.

6.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

		(1)  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.

		(2)  Table 2-3 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of OJE and OJG from 1 June 1992 to 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia.

	b.  The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

		(1)  participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action;

		(2)  participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

		(a)  30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or

		(b)  60 nonconsecutive days provided this support involves entering the area of eligibility; and

		(3)  Table 2-5 (Armed Forces Service Medal - Designated U.S. Military Operations) shows the AFSM was authorized for service in support of OJG from 20 December 1996 to 20 June 1998 and OJE from 21 June 1998 to a date to be determined.

	c.  U.S. Army Personnel Command Military Personnel Message 
Number 99-100, issued 12 March 1991, subject:  Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard, shows the Secretary of Defense approved award of the AFEM, in addition to the AFSM to certain participants of OJE and OJG as a one-time exception to Department of Defense and service policies.

		(1)  The one-time exception was to permit the award of the two medals for the same operation and period of service.

		(2)  Award of the AFEM is limited to those participants in or those providing direct support to OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard U.S. Naval vessels operating in the Adriatic Seas, and the respective air spaces.

	d.  The NATO Medal was authorized by the Secretary General of NATO 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.

7.  The U.S. Army Human Resources Command website hosts the Military Awards Branch's "Frequently Asked Questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record, the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative at Supreme Headquarters Allied Powers Europe, Belgium, ATTN:  usnmr@benelux.army.mil, if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214, as follows:

		(1)  Item 13 states that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

		(2)  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their respective blocks.  The instructions also provide that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter service in the country deployed, along with the dates of service (e.g., SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the AFEM, AFSM, and NATO Medal because he served in support of OJE and OJG.

2.  The evidence of record shows the applicant served in Bosnia-Herzegovina in support of OJE and OJG from 21 March to 21 June 1997.  This service qualified the applicant for award of the AFEM and the AFSM.  Therefore, it would be appropriate to correct item 13 and item 18 of his DD Form 214 to show this overseas service and these service medals.

3.  There is no evidence in the applicant's military personnel records that shows he was awarded the NATO Medal and the applicant did not provide a copy of a NATO Medal Certificate.  Therefore, there is insufficient evidence to support correction of the applicant's records to show the 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 the evidence presented is 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.  adding to item 13 of his DD Form 214 the AFEM and AFSM and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970321-19970621."

2.  The Board further determined 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 the NATO Medal.



      ____________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)                                         AR20100017573



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ABCMR Record of Proceedings (cont)                                         AR20100017999



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