BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025155 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect all of his authorized awards and his service in Bosnia.

2.  The applicant states his DD Form 214 does not reflect all of his authorized awards or his service in Bosnia.  He goes on to state he was awarded the Armed Forces Expeditionary Medal (AFEM), Army Achievement Medal (AAM), and Expert Marksmanship Qualification Badge with Pistol Bar and they were not included on his DD Form 214.

3.  The applicant provides copies of:

* a recommendation for the Battalion Soldier of the Month Selection Board
* a Certificate of Achievement for attaining a perfect qualifying score with his 9-milimeter pistol
* a Certificate of Achievement for M1A2 tank during gunnery qualification
* four photographs
* his military identification card
* photographs on a compact disc

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 on 20 May 1997 for a period of 4 years, training as an armor crewman, and a $10,000.00 enlistment bonus.  He completed one-station unit training at Fort Knox, Kentucky, and was transferred to Fort Hood, Texas.

3.  On 19 September 1998, he deployed to Bosnia-Herzegovina with his unit in support of Operation Joint Forge and remained there until 23 March 1999 when he returned to Fort Hood with his unit.  He was promoted to the rank of corporal on 1 May 1999.

4.  On 28 March 2000, he was transferred to Camp Casey, Korea, for assignment to an armor company of the 2d Infantry Division where he remained until he was honorably released from active duty (REFRAD) on 19 May 2001 due to the completion of his required service.  He completed 4 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Pistol bar.  His DD Form 214 does not reflect his deployment to Bosnia.

5.  A search of the applicant's official records failed to show the applicant was awarded the AAM.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in the former Republic of Yugoslavia in support of Operation Joint Forge from 21 June 1998 to a date to be determined.

7.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides for a mandatory entry in the remarks section of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The entry will state, "SERVICE IN (name of country deployed) FROM (YYYYMMDD-YYYYMMDD)."  

9.  Army Regulation 635-5 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders awarding the applicant the Expert Marksmanship Qualification Badge with Pistol Bar, the Certificate of Achievement provided by the applicant is sufficient evidence to change the applicant's qualification shown on his DD Form 214 from Marksman to Expert for this weapon.

2.  The evidence of record also shows the applicant is entitled to the AFEM and the KDSM.  Accordingly, these medals should be added to his DD Form 214.

3.  The applicant served in Bosnia from 19 September 1998 to 23 March 1999 and is entitled to have the entry, "SERVICE IN BOSNIA FROM 19980919-19990323" entered in item 18 (Remarks) of his DD Form 214.

4.  While the sincerity of the applicant's claim that he was awarded the AAM during his service is not in doubt, the applicant has not provided and the records do not contain orders awarding him the AAM.  In the absence of such orders there appears to be no basis to add this award to his DD Form 214 at this time.

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:

* deleting the Marksman Marksmanship Qualification Badge with Pistol Bar from item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding the AFEM, KDSM, and Expert Marksmanship Qualification Badge with Pistol Bar to item 13 of his DD Form 214
* adding the entry, "SERVICE IN BOSNIA FROM 19980919-19990323" to item 18 of his DD Form 214

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 adding the award of the AAM to his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States 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)                                         AR20100025155



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025155



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1