IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100021286
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 his foreign service in Bosnia from 19 September 1998 to 2 August 1999 and award of the Army Commendation Medal.
2. The applicant states the information was not included on his DD Form 214.
3. The applicant provides an award certificate, DA Form 31 (Request and Authority for Leave), Army Commendation Medal orders and certificate, and three certificates of appreciation.
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 applicants 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 applicants failure to
timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A review of item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Commendation Medal. As the Army Commendation Medal is shown on his DD Form 214, no correction to his records is needed to add this award and it will not be discussed further in this Record of Proceedings.
3. The applicant's records show he enlisted in the Regular Army on 18 April 1996 and he held military occupational specialty 19K (M1 Armor Crewman).
4. On 4 March 2001, he was honorably released from active duty in the rank/grade of corporal/E-4 by reason of expiration term of service and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.
5. Item 13 of his DD Form 214 shows the Army Lapel Button, Army Commendation Medal, Joint Service Achievement Medal, Army Achievement Medal, Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Pistol Bar.
6. During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's foreign service in Bosnia. By email, dated 14 January 2011, a DFAS representative verified the applicant received hostile fire/imminent danger pay for service in Bosnia-Herzegovina from 15 September 1998 to 3 August 1999.
7. The applicant provided an undated Operation Joint Forge certificate awarding him the North Atlantic Treaty Organization (NATO) Medal for service in Bosnia-Herzegovina for the period 14 September 1998 - 2 August 1999.
8. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for active duty Soldiers deployed with his or her unit during their continuous period of active service enter in item 18 (Remarks) of the DD Form 214 the entry "Service in (Name of Country Deployed) From (inclusive dates for example YYYYMMDD - YYYYMMDD)."
9. Army Regulation 600-8-22 (Military Awards) states the NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations. 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. The U.S. Army Human Resources Command website contains a "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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in Bosnia-Herzegovina from 15 September 1998 to 3 August 1999 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Bosnia Herzegovina and the dates of service.
2. He was awarded the NATO Medal which is not shown on his DD Form 214; therefore, his is entitled to correction of his DD Form 214 to show this award.
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. adding to item 18 of his DD Form 214 the entry "Service in Bosnia-Herzegovina from 19980915 - 19990803"; and
b. adding to item 13 of his DD Form 214 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) AR20100021286
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ABCMR Record of Proceedings (cont) AR20100021286
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