IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006407
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 the Good Conduct Medal, Army Achievement Medal (AAM), North Atlantic Treaty Organization (NATO) Medal, and certificates of appreciation and achievement be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 does not reflect the awards he received during his service.
3. The applicant provides:
* Discharge orders
* Award certificate and permanent orders for the Good Conduct Medal
* Permanent orders for the AAM
* Award certificate for the NATO Medal
* DA Form 4187 (Personnel Action)
* Certificates of appreciation and achievement
* DD Form 214
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 26 June 1996 and served as an infantryman. On 20 January 2000, he was discharged under honorable conditions (a general discharge).
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon and Overseas Service Ribbon.
4. He provided an award certificate which shows he received the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 11 February 1998 to 20 September 1998.
5. Permanent Order Number 223-017, dated 21 September 1998, shows he was awarded the AAM for meritorious achievement while deployed to Bosnia-Herzegovina in support of Operations Joint Guard and Joint Endeavor.
6. Permanent orders, dated 22 March 1999, show he received the first award of the Good Conduct Medal for the period 26 June 1996 to 25 June 1999.
7. Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal (AFSM) and the Armed Forces Expeditionary Medal (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). This exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.
8. 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 that only decorations, medals, and ribbons are listed on the DD Form 214. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Good Conduct Medal and AAM. His DD Form 214 should be corrected to show these medals.
2. The award certificate provided by the applicant which shows he received the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 11 February 1998 to 20 September 1998 is accepted as sufficient evidence on which to add the NATO Medal to his DD Form 214.
3. Based on the applicant's service in Bosnia-Herzegovina, he is entitled to the AFSM and AFEM. His DD Form 214 should be corrected to show these medals.
4. The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214. Therefore, there is no basis for granting his request to show the certificates of appreciation and achievement on his DD Form 214.
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 Army Good Conduct Medal, AAM, NATO Medal, AFSM, and AFEM to item 13 of his DD Form 214.
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 certificates of appreciation and achievement to his DD Form 214.
_______ _ __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) AR20110006407
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110006407
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