IN THE CASE OF:	

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100027018 


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, in effect, award of the Armed Forces Service Medal (AFSM) and the Army Achievement Medal (AAM).

2.  The applicant states, in effect, that these awards were inappropriately omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides:

* DD Form 214
* Permanent Order Number 303-1, 720th Military Police Battalion, Fort Hood, TX, dated 29 October 1996
* Certificate of Achievement, 2nd Brigade Combat Team, 1st Armored Division, dated 8 November 1996
* Certificate of Service awarded by The Secretary General of the North Atlantic Treaty Organization (NATO), for service in the former Yugoslavia, from 19 July 1996 to 15 April 1997

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's records show he enlisted in the Regular Army on 20 June 1996, after prior service in the U.S. Army Reserve and District of Columbia Army National Guard.  He completed training and was awarded military occupational specialty 31U (Signal Support Systems Specialist).  The highest rank/pay grade he attained during his military service was private first class/E-3.

3.  His records show he served in Bosnia-Herzegovina, during Operation Joint Endeavor, from on or about 19 July 1996 to on or about 15 April 1997.  During this timeframe he was assigned to Headquarters and Headquarters Detachment, 720th Military Police Battalion, 2nd Brigade Combat Team, 1st Armored Division.  
4.  On 22 October 1998, he was discharged from the Army under honorable conditions.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal and the Army Service Ribbon.  

6.  The applicant provides:

   a. Permanent Order Number 303-1, 720th Military Police Battalion, Fort Hood, TX, dated 29 October 1996, which awarded him the AAM for exceptionally meritorious service, in Bosnia-Herzegovina, during the period 13 September 1996 to 15 September 1996.

   b. Certificate of Achievement, 2nd Brigade Combat Team, 1st Armored Division, dated 8 November 1996, for participation and outstanding service in support of the 2nd Brigade Combat Team during Operation Joint Endeavor, forward deployed to Bosnia-Herzegovina.

   c. Award certificate for the NATO Medal, awarded by The Secretary General of NATO, for service in the former Yugoslavia, from 19 July 1996 to 15 April 1997.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the AFSM.  It is awarded to members of the Armed Forces of the United States who, after 
1 June 1992, participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  The 
AFSM may be authorized for significant United States military activities for which no other United States campaign or service medal is appropriate, such as peacekeeping operations and/or prolonged humanitarian operations.  The AFSM may be awarded for United States military operations in direct support of the United Nations (UN) or the North Atlantic Treaty Organization (NATO), and for operations of assistance to friendly foreign nations.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations.  Such performance may be recognized by appropriate unit and/or individual decorations.  Designated U.S. military operations approved for award of the AFSM are Operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard (20 November 1995 to 19 December 1996); Operation Provide Comfort (1 December 1995 to 31 December 1996), Operation Joint Guard (20 December 1996 to 20 June 1998); Operation Joint Forge (21 June 1998 to a date to be determined); Operation U.N. Mission in Haiti; U.S. Forces Haiti, and U.S. Support Group-Haiti (1 April 1995 to 31 January 2000).

8.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (Only for participants deployed to Bosnia-Herzegovina and Croatia).

10.  Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award of both the AFSM and the AFEM, 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, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 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.

11.  The NATO Medal is awarded by The Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated 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 specific NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear (a) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (b) Operations related to Kosovo (13 October 1998 to a date to be determined); (c) Operation Eagle Assist (12 October 2001 to 16 May 2002); (d) Operation Active Endeavor (26 October 2001 to a date to be determined); (e) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and (f) Operations in the Balkans (1 January 2003 to a date to be determined).

12.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214.  It is important that information entered on the form should be complete and accurate. Chapter 2 of this regulation states:

   a. Item 12f (Foreign Service) of the DD Form 214 documents the total amount of foreign service completed during the period of service represented in item 12c (Net Active Service this Period).

   b. For an active duty Soldier deployed 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 item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Armed Forces Service Medal and AAM.

2.  Permanent orders awarded him the AAM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he served a qualifying period in Bosnia-Herzegovina, during Operation Joint Endeavor, for award of the AFSM and the AFEM, which are not shown on his records; therefore, he is entitled to award of the AFSM and the AFEM, and correction of his DD Form 214 to show these awards.

4.  The evidence of record shows he served a qualifying period in Bosnia-Herzegovina, during Operation Joint Endeavor, which is a designated NATO operation or mission that was approved by the Secretary of Defense for acceptance and wear of the NATO Medal; therefore, he is entitled correction of his DD Form 214 to show this award.  

5.  The applicant's record shows he was deployed to Bosnia-Herzegovina from 19 July 1996 to 15 April 1997; therefore, he is entitled to correction of item 12f of his DD Form 214 to show 8 months and 27 days of foreign service.

6.  Because of his service in Bosnia-Herzegovina, he is entitled to correction of item 18 of his DD Form 214 to show "SERVICE IN BOSNIA-HERZEGOVINA (OPERATION JOINT ENDEAVOR) 19960719-19970415."

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:

* amending item 12f of his DD Form 214 to show "0000-08-27"
* amending item 13 of his DD Form 214 to add the AAM, the AFSM, the AFEM, and the NATO Medal
* 
amending item 18 of his DD Form 214 to add "SERVICE IN BOSNIA-HERZEGOVINA (OPERATION JOINT ENDEAVOR) 19960719-19970415"



      ____________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)                                         AR20090006793



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ABCMR Record of Proceedings (cont)                                         AR20100027018



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