BOARD DATE:	24 March 2011

		DOCKET NUMBER:  AR20100023088 


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 awards he may have received for service in Bosnia from December 1995 to April 1996.

2.  The applicant states he served his country honorably for 21 years.  He received an honorable discharge.  There must be some error as he hasn't received any type of award for service in Bosnia.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record - Part II).

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 is a retired sergeant first class (SFC)/E-7.
 
3.  The applicant's DD Form 214 shows he served in the Regular Army from 
22 July 1977 through 31 July 1997 for a period of 20 years and 9 days.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* Army Achievement Medal (4th Award)
* Meritorious Service Medal
* Army Commendation Medal (2d Award)
* Joint Service Achievement Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (3d Award)

4.  His DA Form 2-1 shows in:

	a.  item 5 (Overseas Service) that he served in Bosnia- Herzegovina from
14 December 1995 through 16 March 1996.

	b.  item 9 (Awards, Decorations and Campaigns)

* Army Service Ribbon
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* National Defense Service Medal
* "Joint Service Medal"
* Army Good Conduct Medal (6th Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  His DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period June 1995 through February 1996 shows in:

	a.  Part IVb (Competence) the entry "prepared the POL and Water platoon for deployment to Bosnia for Operation Joint Endeavor."

	b.  Part IVd (Leadership) the entry "hand chosen to lead an advance party POL team to Croatia."

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service in Bosnia.  A DFAS representative stated that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 14 December 1995 through 19 March 1996 for service in Croatia.

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.

	a.  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.

	b.  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 Operation Joint Endeavor and Operation Joint Guard from 1 June 1992 to 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia.

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 served a qualifying period of service in Bosnia-Herzegovina support of Operation Joint Endeavor from 14 December 1995 through 16 March 1996, as verified by DFAS.  Therefore, he is entitled to the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

2.  Based on his deployed service, he is also entitled to correction of his DD Form 214 to show this service.

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:

	a.  adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal; and
	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19951214 - 19960316."



      _________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)                                         AR20100023088



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