IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006836
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) for the period ending 28 April 2001 to show he deployed to Bosnia.
2. He states his deployment to Bosnia was omitted from his DD Form 214.
3. He provides copies of:
* DD Form 214
* DA Forms 4187 (Personnel Action), dated 25 August 1998 and 18 March 1999
* Headquarters, 1st Cavalry Division, Permanent Orders 036-01, dated 9 February 1999
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 29 April 1998 and successfully completed basic and advanced individual training. He was awarded military occupational specialty 19K (M1 Armor Crewman).
3. He was assigned to Company C, 1st Battalion, 12th Cavalry Regiment, 2nd Brigade, 1st Cavalry Division, Fort Hood, TX, in August 1998.
4. Headquarters, 1st Cavalry Division, Permanent Orders 036-01, dated 9 February 1999, show he was ordered to deploy to Bosnia-Herzegovina in support of Operation Joint Forge for 179 days from on or about 22 February 1999. The order shows the applicant as assigned to Company C, 1st Battalion, 12th Cavalry Regiment.
5. He was honorably released from active duty on 28 April 2001.
6. Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000 00 00."
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
8. Item 18 (Remarks) of his DD Form 214 does not show he deployed to Bosnia-Herzegovina in support of Operation Joint Forge.
9. On 22 June 2011, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Bosnia-Herzegovina during the period 3 March 1999 through 14 September 1999.
10. 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 for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Enlisted Record Brief.
11. Army Regulation 635-5 further states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
12. Army Regulation 600-8-22 (Military Awards) 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 for qualifying service in support of Operation Joint Forge in the former Republic of Yugoslavia during the period 21 June 1998 to a date to be determined. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved. No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served in Bosnia. DFAS confirmed he deployed to Bosnia-Herzegovina during the period 3 March 1999 through 14 September 1999, a period of 6 months and 12 days. Therefore, item 12f of his DD Form 214 should be amended to add this period of foreign service and item 18 of his DD Form 214 should be corrected to read "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990303-19990914."
2. He met the eligibility criteria for award of Armed Forces Expeditionary Medal. This award should be added to his DD Form 214.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 entry "0000 06 12" to item 12f of his DD Form 214,
b. adding the Armed Forces Expeditionary Medal to item 13 of his DD Form 214, and
c. adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990303-19990914" to item 18 of 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) AR20110006836
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006836
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002528
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. b. item 18 was to contain for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110017749
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214: * item 12f (Foreign Service) shows no service * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Armed Forces Expeditionary Medal, NATO Medal, Good Conduct Medal (1st Award), the Driver and Mechanic Badge, or the Noncommissioned Officer Professional Development Ribbon * item 14 (Military Education)...
ARMY | BCMR | CY2011 | 20110013303
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal and North Atlantic Treaty Organization (NATO) Medal for his foreign service in Bosnia-Herzegovina. He also states members of his unit were awarded the Armed Forces Expeditionary Medal and NATO Medal for this period of time; however, they are not reflected on his DD Form 214. Therefore, he is not entitled to correction of his DD...
ARMY | BCMR | CY2011 | 20110004701
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * His deployment to Bosnia from September 1998 to 20 March 1999 * Award of the Armed Forces Expeditionary Medal * Award of the NATO Medal 2. The applicant provides: * His DD Form 214 * Sergeant (SGT) LMG's DD Form 214 * Private (PV2) LDB's DD Form 214 * Specialist (SPC) LME's certificate for award of the NATO Medal * Three...
ARMY | BCMR | CY2013 | 20130009060
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Good Conduct Medal (AGCM) * 4 Army Achievement Medals (AAM) * Humanitarian Service Medal (HSM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Expeditionary Medal (AFEM) * Kosovo Campaign Medal (KCM) * Overseas Service Ribbon (OSR) 2. Army Regulation 600-8-22 (Military Awards) states: a. He received the NATO Medal for service in support...
ARMY | BCMR | CY2002 | 2002068934C070402
In support of his application he submits a copy of his DD Form 214; temporary duty orders assigning him to Bosnia; a Certificate of Participation; two award certificates for the NATO Medal and the ARCOM; a DA Form 638 (Recommendation for Award); and three messages authorizing the Kosovo Campaign Medal, the AFEM, and the NATO Medal for Kosovo. There is no evidence which shows the applicant was awarded the NATO Medal or the Kosovo Campaign Medal based on service in Kosovo. Evidence of record...
ARMY | BCMR | CY2012 | 20120021993
The evidence shows the applicant completed a qualifying period of service for award of the Armed Forces Expeditionary Medal. Permanent Orders Number 060-004, 1st Battalion, 16th Infantry Regiment, dated 1 March 1999, awarded the applicant the Army Achievement Medal; therefore, he is also entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army...
ARMY | BCMR | CY2007 | 20070004784
Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The military service of the service member on whom qualification for the award of the Armed Forces Expeditionary Medal is based will have been honorable. The evidence of record confirms the applicant met the criteria for this award based on his service in the Former Republic of Yugoslavia (Bosnia-Herzegovina) during the period 1 March 1999 through 30 September 1999.
ARMY | BCMR | CY2010 | 20100030471
His military pay record is accepted as sufficient as a basis to correct his DD Form 214 for the period ending 2 September 2000 to show his foreign service in Bosnia-Herzegovinia. The applicant honorably served during a qualifying period of service for the first award of the Army Good Conduct Medal for the period 13 September 1996 through 12 September 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2008 | 20080016803
Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his DD Form 214 and another Soldier's DD Form 214 and award certificate for the NATO Medal in support of his application. In addition, the evidence of record and the evidence provided by the applicant do not indicate what operation he supported (or more specifically, directly supported) while in Bosnia.