IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100030471 


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) show his deployment to Bosnia and award of the North Atlantic Treaty Organization (NATO) Medal.

2.  He states his discharge document is missing his deployment to Bosnia from September 1999 to December 1999 and award of the NATO Medal for service in support of Operation Joint Forge.  

3.  He provides:

* two DD Forms 214 for the periods ending 12 September 2000 and           24 January 2003
* Permanent Orders 230-1, issued by Headquarters, III Corps, Fort Hood, TX, dated 18 August 1999
* Operation Joint Forge NATO Medal award certificate for the period
7 September to 15 December 1999

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 13 September 1996.  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  Permanent Orders 230-1, dated 18 August 1999, show his unit, the
64th Corps Support Group, Fort Hood, was placed on Temporary Change of Station (TCS) to Frankfurt, Germany on or about 31 August 1999 for further deployment to Tuzla, Bosnia.

4.  He provided an Operation Joint Forge award certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 7 September 1999 to 15 December 1999.

5.  He was released from active duty by reason of completion of required active service on 12 September 2000 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service during this period of service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) no deployment entry

6.  He completed 4 years of active service with no time lost.  His service record does not contain any derogatory information or a record of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.


7.  While serving as a USAR Soldier, he was ordered to active duty for training (ADT) on 9 August 2002.  On 24 January 2003 he was honorably released from ADT upon completion of his training.  The DD Form 214 he was issued for this period of service shows in item 13 the:

* Army Lapel Button
* Army Service Ribbon

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the period 3 September 1999 through 12 December 1999 for Bosnia-Herzegovina.  This service equated to 3 months and 10 days of foreign service.

9.  References:

   a.  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.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who served 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.

   b.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	c.  Military Personnel Message Number 99-157 implemented the policy to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the Armed Forces Expeditionary Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  

	d.  Army Regulation 635-5 (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 for:

* item 12f, enter all foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP and CZTE for Bosnia-Herzegovina during the period 3 September 1999 through 12 December 1999, which is a period of 3 months and 10 days.  His military pay record is accepted as sufficient as a basis to correct his DD Form 214 for the period ending
2 September 2000 to show his foreign service in Bosnia-Herzegovinia.

2.  The applicant provided a NATO certificate for award of the NATO Medal for service with NATO operations in relation to Bosnia-Herzegovina during the period 7 September 1999 to 15 December 1999.  Therefore, he is entitled to correction of his DD Forms 214 to show this award.

3.  In addition, he served a period of qualifying service in Bosnia for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his DD Forms 214 to show this show this award.

4.  The applicant honorably served during a qualifying period of service for the first award of the Army Good Conduct Medal for the period 13 September 1996 through 12 September 1999.  He was advanced to SPC with no record of any time lost, disciplinary action, or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Forms 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 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.  deleting from item 12f of his DD Form 214 for the period ending               12 September 2000 the entry "0000  00  00" and replacing it with the entry
"0000  03  10";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 13 September 1996 through 12 September 1999;

	c.  adding to item 13 of his DD Form 214 for the period ending 12 September 2000 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* NATO Medal

	d.  adding to item 18 of his DD Form 214 for the period ending 12 September 2000 the entry "SERVICE IN BOSNIA- HERZEGOVINA FROM 19990903 - 19991212”;

	e.  adding to item 13 of his DD Form 214 for the period ending 24 January 2003 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* NATO Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _______ _  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)                                         AR20100030471



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ABCMR Record of Proceedings (cont)                                         AR20100030471



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