IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002405 


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 the Armed Forces Expeditionary Medal (AFEM), the Armed Forces Service Medal (AFSM), and the Global War on Terrorism Service Medal (GWOTSM), and to show his rank and grade as staff sergeant (SSG)/E-6.  

2.  The applicant states his DD Form 214 does not reflect the AFEM or the AFSM for his deployment to Bosnia from 23 September 1997 to 13 April 1998 and that he received the GWOTSM upon separation.  He contends that he made the SSG/E-6 promotion list and his platoon sergeant pinned the rank on him but he never received the orders.

3.  The applicant provides a DD Form 214, a Certificate of Appreciation, a Certificate of Training, a Stabilization Force (SFOR) identification card, and a Noncommissioned Officer Evaluation Report (NCOER).

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.  After having had prior active duty service, the applicant enlisted in the Regular Army on 29 July 1997.  He reenlisted on 30 August 1999 for 3 years and was promoted to sergeant (SGT)/E-5 on 1 May 2000.

3.  He provided a Certificate of Appreciation which he received for duty in the former Republic of Yugoslavia during Operation Joint Guard for the period 
23 September 1997 to 13 April 1998 (6 months and 21 days).  He also provided a Certificate of Training and an SFOR identification card that confirm his service in Bosnia.

4.  Headquarters (HQ), Joint Readiness Training Center (JRTC), Fort Polk, LA, Orders Number 297-129, dated 24 October 2001, announced his promotion to SSG with an effective date of 1 November 2001.  The special instructions section of these orders states:  "Soldier has not met the Basic Noncommissioned Officer Course (BNCOC) requirement and is promoted conditionally.  If the Soldier does not attend and successfully complete the required course as scheduled, the Soldier will be administratively reduced and will have to be boarded again to regain promotable status."

5.  HQ, JRTC, Fort Polk, LA, Orders Number 344-0005, dated 10 December 2001, directed his discharged effective 31 December 2001 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of disability with severance pay.  Line b of these orders indicates he was authorized severance pay in pay grade SGT.

6.  On 31 December 2001, he was discharged accordingly.  Items 4a and 4b of his DD Form 214 show his rank and grade as SGT/E-5.  Item 12f (Foreign Services) shows 6 months and 21 days, and item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows:

* Army Commendation Medal
* Army Achievement Medal (3rd award)
* Army Lapel Button
* Army Good Conduct Medal (2nd award)
* National Defense Service Medal
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* NATO Medal
7.  There is no evidence showing that he completed BNCOC prior to his discharge on 31 December 2001.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the AFEM is awarded 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 during the period 1 June 1992 to 20 June 1998;

	b.  the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

*  participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than
30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility

	c.  the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

	d.  the North Atlantic Treaty Organization (NATO) Medal was authorized by the NATO Secretary-General 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 serve 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.

9.  Military Personnel Message (MILPER) Number 99-100 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 during the periods 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army.  It contains instructions for preparing the DD Form 214.  This regulation provides that in item 
18 enter the continuous period of active service for which a Soldier was deployed "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD).

11.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20 (Promotion of Critically Ill Soldiers) in effect at the time of his discharge, stated that Soldiers on a current recommended list to SGT/SSG and private first class (PFC) eligible for promotion to specialist (SPC) will be promoted to the recommended grade by the local medical facility commander provided they met the following conditions:

	a.  Hospitalization is caused by disease or injury received in the line of duty.

	b.  Terminal illness is verified by the medical facility commander.  Estimated life expectancy must be 12 months or less.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the AFEM, AFSM, GWOTSM, and to show his rank as SSG has been carefully reviewed.

2.  He contends he served in Bosnia from 23 September 1997 to 13 April 1998 
(6 months and 21 days).  He was awarded a Certificate of Appreciation for his service in support of Operation Joint Guard during the above dates and item 12f shows 6 months and 21 days of foreign service which appears to correspond to 

his deployment to Bosnia.  He was also awarded the NATO Medal.  Therefore, there is sufficient evidence documenting his service in Bosnia and as a result of this service, he is entitled to correction of his DD Form 214 to show the AFEM and the AFSM.

3.  He served on active duty for over 30 consecutive days after 11 September 2001.  Therefore, he also met the criteria for award of the GWOTSM and correction of his DD Form 214 to show this award.

4.  Based on his deployment to Bosnia-Herzegovina, item 18 of his DD Form 214 should be also amended by adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970723 – 19980413."

5.  Orders show that he was promoted to SSG/E-6 effective 1 November 2001; however, he was conditionally promoted pending completion of BNCOC.  There is no evidence showing he completed this course prior to his discharge on 
31 December 2001.  There is also no evidence indication that he was critically ill at the time of his discharge.  Therefore, he did not meet the promotion requirement for SSG/E-6 and as result, the rank shown on his DD Form 214 is correct and there is no basis to grant this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  amending item 13 of his DD Form 214 by adding the Armed Forces Expeditionary Medal, the Armed Forces Service Medal, and the Global War on Terrorism Service Medal; and 

	b.  amending item 18 of his DD Form 214 by adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970723 - 19980413."

2.  The Board further determined that 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 amending his DD Form 214 to show his rank and grade as SSG/E-6.



      _________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)                                         AR20110002405



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ABCMR Record of Proceedings (cont)                                         AR20110002405



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