IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110006020 


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 his service in Operation Joint Guard from August 
1996 - March 1997 be annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his records failed to show he deployed to Bosnia from August 1996 to February 1997; therefore, this service was not documented on his DD Form 214.

3.  The applicant provides his DD Form 214, a DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report), DA Form 638 (Recommendation for Award), and North Atlantic Treaty Organization (NATO) Medal certificate.

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 9 November 1978.

3.  He served continuously until he was retired from active duty on 30 November 2000 for sufficient service for retirement after completing more than 22 years of creditable active service.

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

* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)

5.  During the processing of this case the Defense Finance and Accounting Service confirmed through the Soldier's Master Military Pay Account he received:

* Combat Zone Tax Exclusion (from 1 August through 31 December 1996)
* Hostile Fire Pay/Imminent Danger Pay (from 1 August through 31 October 1996 and 1 December through 31 December 1996 both for Croatia)
* Family Separation Pay (from 11 August 1996 through 19 February 1997)
* Foreign Duty Pay (from 27 September 1996 through 19 February 1997)

6.  A DA Form 2166-7 provided by the applicant covering the rating period July 1996 through April 1997 shows he deployed to Bosnia.

7.  The proposed citation for his Army Commendation Medal (2nd Award) for meritorious achievement during the period 25 January to 9 February 1997 included the annotation, "…as the Property Book Officer during Operation Joint Guard."

8.  He provided a certificate showing he was awarded the NATO Medal for service with NATO on Operations relating to the Former Yugoslavia during the period August 1996 through February 1997.

9.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

10.  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 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.  Army Regulation 600-8-22 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 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.

12.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

13.  Army Regulation 635-5, in effect at the time, did not provide for deployments to be recorded on the Soldier's DD Form 214; however, the current version of the regulation prescribes that 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)" in item 18 (Remarks).



DISCUSSION AND CONCLUSIONS:

1.  DFAS records may show a Soldier received HFP/IDP for a full month although the individual arrived after the first day of the month and departed the imminent danger area prior to the last day of the month.  However, while the applicant's records and DFAS records do not conclusively show the exact dates he was deployed to Bosnia, the preponderance of evidence indicates he was in Bosnia/Croatia during the period of August 1996 to February 1997.  As such, it would be appropriate to add this service to item 18 of his DD Form 214.

2.  The available evidence shows the applicant served during a qualifying period of service in Bosnia-Herzegovina in support of Operation Joint Endeavor/Joint Guard.  Therefore, he is entitled to award of the Armed Forces Service Medal and the Armed Forces Expeditionary Medal and correction of item 13 of his DD Form 214 to show these awards.

3.  The applicant provided a certificate showing he was awarded the NATO Medal for service with NATO in relations to operations involving the Former Yugoslavia during the period August 1996 through February 1997.  As such, he is entitled to have this medal added to item 13 of his DD Form 214.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM AUGUST 1996 - FEBRUARY 1997."




      _______ _   __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)                                         AR20110006020



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ABCMR Record of Proceedings (cont)                                         AR20110006020



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