IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011601 


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 Endeavor/Guard, Army Achievement Medal, Armed Forces Service Medal, National Defense Service Medal, and North Atlantic Treaty Organization (NATO) Medal be annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his records must not have followed him from his first duty station to his second duty station. 

3.  He provides his 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 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 6 February 1996.
3.   The applicant was honorably released from active duty on 5 February 2000 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 4 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:

* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  His DA Form 2-1 (Personnel Qualification Record) shows the Army Service Ribbon and Overseas Service Ribbon.  This form shows he served a tour in Germany during the period 22 August 1996 to 5 August 1998.

6.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Achievement Medal by proper authority.

7.  During the processing of this case the Defense Finance and Accounting Service confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion (CZTE) (from 16 October 1996 through 2 April 1997 for Bosnia-Herzegovina).

8.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, on or after 1 August 1981, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.

9.  Army Regulation 600-8-22 states that 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 through 30 November 1995 and 11 September 2001 to a date to be determined.

10.  Army Regulation 600-8-22 states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility  

11.  Army Regulation 600-8-22 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.

12.  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.

13.  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.

14.  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.

15.  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 show the applicant received HFP/IDP and CZTE for the period 16 October 1996 through 2 April 1997 for Bosnia-Herzegovina indicating he was there during that period.  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 to have these two medals added to item 13 of his DD Form 214.

3.  To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  There is no certificate available showing he was awarded the NATO Medal for service with NATO in relations to operations involving the Former Yugoslavia.  As such, he is not entitled to have this medal added to his DD Form 214.

4.  There is no evidence he served on active duty during a period authorized for award of the National Defense Service Medal.  As such, he is not entitled to have this medal added to his DD Form 214.

5.  His records are void of any orders or other documents that indicate he was ever awarded the Army Achievement Medal by proper authority.  As such, there is no basis for adding this medal to his DD Form 214.

6.  In view of the foregoing, the applicant's 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.  adding the Armed Forces Service Medal and Armed Forces Expeditionary Medal to his DD Form 214; and 

   b.  adding to item 18 of his DD Form 214 the entry " SERVICE IN BOSNIA-HERZEGOVINA FROM 16 OCTOBER 1996 - 2 APRIL 1997."

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 Army Achievement Medal, National Defense Service Medal, and NATO 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)                                         AR20110011601



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ABCMR Record of Proceedings (cont)                                         AR20110011601



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