IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110001007 


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 records as follows:

* his military records to show award of the National Defense Service Medal and awards for his implementation force (IFOR) and stabilization force (SFOR) service in Bosnia
* his dates of entry and separation be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his DD Form 214 be corrected to show he served in a combat zone

2.  He also requests that his military records be documented to show:

* unspecified documents appear to be forged
* he was forced by leadership to sign unspecified documents under duress or he would have received physical punishment
* a medical examination was not done
* his privacy was not kept

3.  The applicant states:

* he received several service ribbons (National Defense Ribbon and Bosnia IFOR and SFOR) that are not documented in his file
* his dates of enlistment and separation are incorrect
* his paperwork does not show he served in a combat zone
* some documents appear to be forged


* he was forced to sign unspecified documents
* he had medical problems that were not remedied and some could not be diagnosed prior to his exit
* none of his records should have been released to his ex-wife

3.  The applicant provides no additional evidence.

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.  His enlistment contract shows he enlisted in the Regular Army on 1 April 1996 for a period of 4 years.  He completed training and was awarded military occupational specialty 62E (heavy construction equipment).  He was discharged under other than honorable conditions on 27 March 1998 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct.  Discharge orders show his date of discharge as 27 March 1998.

3.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows the entry "1996 04 01" [1 April 1996].  Item 12b (Separation Date This Period) of his DD Form 214 shows the entry "1998 03 27" [27 March 1998].

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

5.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

6.  Records show he underwent a separation physical examination on 26 August 1997.  Item 25 (Physician's Summary and Elaboration of All Pertinent Data) of his Standard Form 93 (Report of Medical History), dated 26 August 1997, states "see Standard Form 88" and his Standard Form 88 (Report of Medical Examination) is listed as an enclosure to his discharge proceedings.  However, this form is not available for consideration.  The applicant recorded he was in fair health and that his "health symptoms have not been fixed or examined properly yet" on his Standard Form 93.

7.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay/imminent danger pay while deployed to Bosnia-Herzegovina from 28 September 1996 to 14 May 1997.

8.  There is no evidence of record that shows documents were forged, he was forced to sign documents, or his privacy was not kept.

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between  27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Army Regulation 600-8-22 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.

11.  Military Personnel Message 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).  This exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

12.  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.  This regulation states the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although he contends he received the National Defense Service Medal, he did not serve a period of qualifying service for award of this medal.  Therefore, there is no basis for granting his request to add the National Defense Service Medal to his DD Form 214.

2.  Based on the applicant's service in Bosnia-Herzegovina, he is entitled to the Armed Forces Expeditionary Medal and the Armed Forces Service Medal.  His DD Form 214 should be corrected to show these awards.

3.  He requests correction of his military records to show he served in a combat zone.  DFAS records that show the applicant served in Bosnia-Herzegovina from 28 September 1996 to 14 May 1997 are accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show this deployment.

4.  He contends his dates of enlistment and separation are incorrect.  However, his enlistment contract shows he enlisted in the RA on 1 April 1996 and his discharge orders show he was separated on 27 March 1998.  Since these dates are properly shown in items 12a and 12b of his DD Form 214, there is insufficient evidence with which to amend these items on his DD Form 214.

5.  He contends a medical examination was not performed prior to his separation.  However, records show he underwent a separation physical examination on 26 August 1997.

6.  He contends unspecified documents were forged, he was forced to sign unspecified documents, and his privacy was not kept.  However, he does not identify these documents and there is no evidence his privacy was not kept.  Therefore, there is insufficient evidence with which to grant the relief requested.



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:

	a.  adding the Armed Forces Expeditionary Medal and Armed Forces Service Medal to item 13 of his DD Form 214 and

	b.  adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19960928-19970514" 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:

* award of the National Defense Service Medal
* amendment of items 12a and 12b of his DD Form 214
* correcting his military records to show unspecified documents were forged, he was forced to sign unspecified documents, a medical examination was not performed prior to his separation, or his privacy was not kept



      _________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)                                         AR20110001007



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001007



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1