IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110009418 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Service Medal, the National Defense Service Medal, and any other awards to which he is entitled.

2.  He states there are awards shown on his DA Form 2-1 (Personnel Qualification Record) earned while in the Army that are not listed on his
DD Form 214.  He requested the Armed Forces Expeditionary Medal and the Global War on Terrorism Service Medal and they were added to his
DD Form 214 in 2006.  The Armed Forces Service Medal was issued for service in Bosnia and is not listed on his DD Form 214.  He is also requesting a review of his service dates to see if he qualifies for the National Defense Service Medal.  He served in the Army from 15 October 1996 through 1 February 2002.

3.  He provides:

* page one of his DA Form 2-1
* his DD Form 214
* a DD Form 215 (Correction to DD From 214), dated 25 January 2006

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 15 October 1996.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  He served in Bosnia from 5 September 1999 through 13 March 2000.

3.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows the:

* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Armed Forces Expeditionary Medal
* Army Achievement Medal (2nd Award)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Parachutist Badge
* Armed Forces Service Medal
* Noncommissioned Officer's Professional Development Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His record shows:

	a.  Permanent Orders Number 090-012, issued by 1st Battalion, 16th Infantry, dated 31 March 1999, awarded him the Army Achievement Medal for meritorious achievement during Iron Ranger Gunnery from 1 to 6 March 1999.

	b.  Permanent Orders Number BR041-11, issued by the same unit, dated
10 February 2000, awarded him the Army Achievement Medal (2nd Award) for meritorious achievement while serving in Bosnia-Herzegovina.

	c.  Permanent Orders 250-03, issued by the 1st Brigade, Fort Riley, KS, dated 6 September 2000, awarded him the Army Commendation Medal for meritorious service from 11 March 1997 to 10 August 2000.

5.  He was honorably released from active duty on 1 February 2002 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time, as corrected by a DD Form 215 issued on 25 January 2006 shows the:

* Army Lapel Button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* Noncommissioned Officer's Professional Development Ribbon
* North Atlantic Treaty Organization Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal

6.  Military Personnel (MILPER) 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 periods
1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 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.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 to 30 November 1995; and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows, among other awards, he was awarded the Army Achievement Medal (2nd Award) and the Army Commendation Medal.  His DD Form 214 shows award of the Army Commendation Medal (2nd Award) and the Army Achievement Medal.  Although it appears that an administrative error was made in the issuance of his DD Form 214, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the administrative change to correct his DD Form 214 to show only one award of the Army Commendation Medal.  However, his DD Form 214 should be corrected show the Army Achievement Medal (2nd Award).

3.  His record also shows he was awarded the Army Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record shows the applicant was deployed to Bosnia-Herzegovina from 5 September 1999 through 13 March 2000.  MILPER Message Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for qualifying service in Bosnia-Herzegovina during two specific periods, 1 June 1992 to 19 December 1996 and 20 December 1996 to 20 June 1998.  He was not in Bosnia-Herzegovina during either of these qualifying periods.  Although his DA Form 2-1 shows the Armed Forces Service Medal, he is not entitled to the Armed Forces Service Medal or its addition to his DD Form 214.

5.  In view of the foregoing, his records should be corrected as recommended below.

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.  deleting from Item 13 of his DD Form 214 the Army Achievement Medal; and

	b.  adding to Item 13 of his DD Form 214 the:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon

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 the Armed Forces Service Medal 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)                                         AR20110009418



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009418



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1