IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023582
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Bosnia-Herzegovina. She also requests award of the Armed Forces Expeditionary Medal for her deployed service.
2. The applicant states her DD Form 214 does not show she served 6 months in Bosnia with Company B, 299th Forward Support Battalion or award of the Armed Forces Expeditionary Medal.
3. The applicant provides her DD Form 214.
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. The applicant enlisted in the Regular Army on 4 November 1993. She was trained in and awarded military occupational specialty 27E (land combat electronic missile system repairer). She was released from active duty on
3 November 1997.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does shows the:
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
4. Item 18 (Remarks) of her DD Form 214 does not show any deployments.
5. The applicant's Master Military Pay Account (MMPA) at the Defense Finance and Accounting Service (DFAS) shows the applicant received hostile fire/imminent danger pay (HF/IDP) while deployed to Bosnia-Herzegovina from 26 October 1996 through 30 March 1997.
6. Orders 330-7, issued by Detachment B, 38th Personnel Services Battalion, Task Force Eagle, dated 25 November 1996, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 4 November 1993 through
3 November 1996.
7. Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. Table 2-3 authorizes this award for service in Operations Joint Endeavor and Joint Guard during the period 1 June 1992 through 20 June 1998 in Bosnia and Croatia only.
8. Military Personnel Message (MILPER) Number 99-100 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 during the periods
1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 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.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed to a foreign country 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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. DFAS records show the applicant served in Bosnia-Herzegovina from
26 October 1996 through 30 March 1997. Therefore, item 18 of her DD Form 214 should be corrected to show this deployment.
2. Based on the applicant's service in Bosnia-Herzegovina, she is entitled to the Armed Forces Expeditionary Medal and the Armed Forces Service Medal. Therefore, her DD Form 214 should be corrected to show these awards.
3. Orders awarded the applicant the Army Good conduct Medal (1st Award) which is not shown on her DD Form 214. Therefore, her DD Form 214 should be corrected 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 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 her DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
b. adding to item 18 of her DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19961026 - 19970330."
___________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) AR20100023582
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023582
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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