IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019547 


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 (AFEM).

2.  The applicant states that he deployed to Bosnia and Herzegovina in support of Operation Joint Forge (OJF) from September 1998 to March 1999 and to Hungary from March 2000 to September 2000 and he should have been awarded the AFEM.

3.  The applicant provides the following documents:

* a 10th Special Forces Group Certificate of Achievement, dated 15 April 1999
* a DA Form 2171 (Request for Tuition Assistance - Army Continuing Education System) for a course at Camp McGovern, Bosnia
* six DA Forms 4856 (General Counseling Form) during the period              1 October 1998 to 4 March 1999
* a Certificate of Achievement for his service in support of OJF in Taszar, Hungary
* a Certificate awarding him the North Atlantic Treaty Organization (NATO) Medal
* Permanent Orders 48-7 [Temporary Change of Station (TCS) orders], dated 17 February 2000, with a by-name listing, including the applicant's name


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 in Kansas City, MO on 29 July 1996 for a period of 5 years and training as a military policeman.  He completed his one-station unit training at Fort McClellan, AL and he was transferred to Fort Hood, TX for his first and only permanent duty assignment.

3.  The applicant deployed to Bosnia - Herzegovina in support of OJF with the 410th Military Police Company from 29 August 1998 to 11 March 1999.  He was awarded the NATO Medal during that deployment and he provides a copy of the certificate with his application. 

4.  He deployed to Croatia in support of OJF (Task Force Eagle) from 16 March 2000 to 15 September 2000.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 September 2000, while on that deployment.

5.  On 28 July 2001, he was honorably released from active duty (REFRAD) by reason of completion of required active service after serving 5 years of total active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00";

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon


* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  Item 18 (Remarks) of his DD Form 214 does not show any periods of deployment.

7.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service in Bosnia and Hungary and the dates served.  DFAS responded by stating that per the applicant's Master Military Pay Account (MMPA) he received hostile fire/imminent danger pay (HF/IDP) for the following deployments:

* Bosnia - Herzgovina from 29 August 1998 through 11 March 1999
[6 months and 12 days]
* Croatia from 16 March through 15 September 2000 [6 months and 1 day]

8.  Military Personnel Message (MILPER) Number 99-157 implemented the policy to allow award of either the AFEM or the Armed Forces Service Medal (AFSM) to service members participating in OJF effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participating in or providing direct support to OJF who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the AFSM is limited to only those participating in or providing direct support to OJF who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) the following statement: “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD)”

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Bosnia - Herzegovina in support of OJF during a period that was authorized the award of the AFEM.  Accordingly, he should be awarded the AFEM at this time and his DD form 214 should be corrected to show this award.

2.  The applicant was awarded the NATO Medal during his first deployment.  Therefore, this award should be added to his DD Form 214.

3.  The applicant served a total of 1 year and 13 days of foreign service during his active duty service.  Therefore, his DD Form 214 should be corrected to show this foreign service time.

4.  Evidence of record shows and DFAS confirms the inclusive dates the applicant served in Bosnia -Herzegovina and Croatia.  Therefore, his DD form 214 should be corrected accordingly.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 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 "0000  00  00" and replacing it with the entry "0001  00  13";

	b.  adding to item 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* North Atlantic Treaty Organization Medal

	c.  adding to item 18 of his DD Form 214 the entry “Service in Bosnia - Herzegovina From 19980829 - 19990311" and Service in Croatia From 20000316 - 20000915.”

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100019547



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ABCMR Record of Proceedings (cont)                                         AR20100019547



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