IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004685 


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 his service in Bosnia in support of Operation Joint Forge and his service in Turkey in support of Operation Iraqi Freedom.

2.  The applicant states that while his DD Form 214 reflects his service in Southwest Asia (SWA) it does not reflect his actual service in Bosnia in support of Operation Joint Forge and his service in Turkey in support of Operation Iraqi Freedom.

3.  The applicant provides a copy of his DD Form 214 dated 14 October 2003, a statement of his service in Turkey, deployment orders to Bosnia, a copy of his reenlistment contract dated 15 May 1999, a copy of his award of the NATO Medal, a copy of his Armed Forces Classification Test results, and a copy of a Certificate of Participation in Operation Joint Forge. 

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 7 February 1996 for a period of 4 years and training as a petroleum supply specialist.  He completed his training and was advanced to the pay grade of E-4 on 7 April 1998.

3.  He deployed to Bosnia-Herzegovina in support of Operation Joint Forge from 22 February to 1 September 1999 and was awarded the NATO Medal for that deployment.  He deployed to Turkey in support of Operation Iraqi Freedom from 19 February to 15 April 2003.

4.  On 14 October 2003, he was honorably discharged due to completion of required service.  He had served 7 years, 8 months, and 8 days of active service. His DD Form 214 issued at the time of his discharge shows that he was awarded the Good Conduct Medal (2d award), the National Defense Service Medal (2d award), the Army Service Ribbon, the Overseas Service Ribbon, and the Driver’s Badge with wheel bar.

5.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  

6.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

7.  Military Personnel Message (MILPER) Number 99-157 implemented the policy to allow award of either the Armed Forces Expeditionary Medal (AFEM) 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.  Award of the Armed Forces Service Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge, under any circumstance.
 
8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for item 18, enter in the remarks section “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD)” for an active duty Soldier deployed with his or her unit during their continuous period of active service.  For Reserve component Soldiers ordered to active duty and deployed to a foreign country, enter the statement “Ordered to Active Duty in support of (Operation Name) per 10 USC (applicable section)”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect his service in Bosnia and Turkey has been noted and appears to have merit.  He served in Bosnia from 22 February to 1 September 1999 and in Turkey from 
19 February to 15 April 2003.  Accordingly, that service should be reflected on his DD Form 214 instead of the “Service in SWA –20030219 to 20030415” entry currently reflected on his DD Form 214.  

2.  However, the applicant’s contention that his DD Form 214 should be corrected to reflect his participation in Operation Joint Guard and Operation Iraqi Freedom has been noted and appears to lack merit.  The applicable regulations provide that the DD Form 214 will be prepared to reflect service in the country to which deployed and the dates deployed for Regular Army Soldiers.   

3.  The regulation does provide that for Reserve Soldiers deployed the name of the Operation and the dates of deployment will be entered.  However, the applicant was not a Reserve Component Soldier and thus such an entry was not authorized.  Accordingly, there appears to be no basis to add that entry.

4.  The applicant was also awarded the NATO Medal for his service in Bosnia; however, it was not included on his DD Form 214 at the time of his discharge.  Accordingly, it should be added at this time.

5.  Additionally, the applicant was entitled to award of the AFEM for his service in Bosnia (Operation Joint Forge) and the GWOTEM for his service in Turkey.  Accordingly, the AFEM and the GWOTEM should be added 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 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:

* Adding the AFEM and the GWOTEM to his DD Form 214
* Adding the award of the NATO Medal to his DD Form 214
* Deleting the entry “Service in SWA –20030219 to 20030415” from block 18 of his DD Form 214
* Adding the entries “Service in Bosnia – 19990222 to 19990901” and “Service  in Turkey - 20030219 to 20030415”  

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 adding his participation in Operations Joint Forge and Iraqi Freedom to his DD Form 214. 

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism 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)                                         AR20110004685





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ABCMR Record of Proceedings (cont)                                         AR20110004685



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