IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110013303 


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) to show award of the Armed Forces Expeditionary Medal and North Atlantic Treaty Organization (NATO) Medal for his foreign service in Bosnia-Herzegovina.

2.  He states he served with Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division in Bosnia-Herzegovina from October 1998 to April 1999.  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.

3.  He provides

* his DD Form 214
* two pages of information pertaining to the Armed Forces Expeditionary Medal extracted from an internet website
* a synopsis of his units mission in Bosnia-Herzegovina extracted from an internet website

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 January 1998.  He was trained in and awarded military occupational specialty 11M (Mechanized Infantryman).  He was honorably released from active duty on 8 January 2001 at the completion of his required active service and transferred to U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of creditable active service.  At the time of his discharge he held the rank/grade of private/E-2.

3.  The applicant's Official Military Personnel File (OMPF) contains a 
DA Form 2-1 (Personnel Qualification Record - Part II) which shows he was assigned to Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division on 20 January 1998.

4.  His OMPF is void of any evidence showing he deployed to Bosnia-Herzegovina.

5.  The applicant's DD Form 214 shows in:

	a.  item 5 (Last Duty Assignment and Major Command) that he was assigned to Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division at the time of separation;

	b.  item 12f (Foreign Service) the entry "0000  00  00" indicating he completed no foreign service during the period covered by the DD Form 214;

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* Army Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar

	d.  Item 18 (Remarks) no deployment entries.


6.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Bosnia-Herzegovina from 23 February 1999 through 10 September 1999; a period of 6 months and 19 days.

7.  The applicant provides a synopsis of his unit's mission in Bosnia-Herzegovina extracted from the unit's internet website.  An ABCMR analyst personally accessed this website from the Fort Hood, TX internet homepage and verified the authenticity of the site.  The unit's history shows on 7 October 1998, the 1st Cavalry Division assumed authority of the Multinational Division (North) area of operations in Bosnia-Herzegovina and the mission was to conduct operations to enforce the military provisions set forth by the Dayton Accords.  The applicant's unit was part of Stabilization Force 5 and they conducted daily mounted presence patrols in their vehicles, among the Bosnian, Serb and Croat populace in support of Operation Joint Forge. 

8.  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 specified time periods.  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.  

9.  Military Personnel (MILPER) Message Number 99-157 implemented the policy to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the Armed Forces Expeditionary Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the Armed Forces Service Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge, under any circumstance.



10.  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.

11.  The U.S. Army Human Resources Command (HRC) 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.  Soldiers should submit a request to the U.S. National Military Representative at Supreme Headquarters Allied Powers Europe, Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

12.  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.  In establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	c.  item 18, 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 for example, YYYYMMDD - YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Armed Forces Expeditionary Medal and NATO Medal for his foreign service in Bosnia-Herzegovina was carefully considered and determined to have partial merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Bosnia-Herzegovina from 23 February 1999 through 10 September 1999; a period of 6 months and 19 days.  Therefore, his DD Form 214 should be corrected to show his total period of foreign service.

3.  Additionally, based on his confirmed deployment to Bosnia-Herzegovina, he is entitled to correction of his DD Form 214 to specifically show this deployment information.

4.  Evidence shows the applicant completed a qualifying period of service for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

5.  Although evidence shows the applicant served in Bosnia/Herzegovina during a period of eligibility for award of the NATO Medal, his record is void of any evidence and he has not provided any evidence showing the NATO Medal was awarded to him by the appropriate authority.  Therefore, he is not entitled to correction of his DD Form 214 to show this medal at this time.  However, this does not preclude his ability to submit a request for this award under the parameters outlined on the following HRC internet website https://www.hrc.army.mil/site/Active/TAGD/awards/FAQs/NATO_Medal.htm.

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 the current entry from item 12f of his DD Form 214 and adding the entry "0000  06  19";

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

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990223-19990910."

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 correcting his DD Form 214 to show award of the NATO Medal.



      _______ _   _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)                                         AR20110013303



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ABCMR Record of Proceedings (cont)                                         AR20110013303



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