IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110015258 


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 his:

	a.  overseas service in Bosnia;

	b.  qualification as a fuel handler;

	c.  qualification as a sharpshooter with his weapon; and

	d.  two awards of the Army Achievement Medal (AAM).

2.  The applicant states these items were omitted from his DD Form 214.

3.  The applicant provides a copy of 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.  On 12 June 1995, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).  He was subsequently assigned for duty at Fort Hood, Texas.

3.  Records at the Defense Finance and Accounting Service (DFAS) show that from 15 September 1998 through 13 March 1999 (5 months and 29 days) the applicant received hazardous fire and imminent danger pay for service in Bosnia-Herzegovina.

4.  On 4 March 2000, the applicant was discharged.  His DD Form 214 shows in:

	a.  Item 12f (Foreign Service): 0 years, 0 months, and 0 days;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  and Item 18 (Remarks): no entries for his deployment to Bosnia-Herzegovina.

5.  A review of the applicant's Official Military Personnel File (OMPF) failed to reveal any documentation showing he:

	a.  was awarded one or more AAMs;

	b.  was awarded a Sharpshooter Qualification Badge for any weapon; or

	c.  was qualified as a fuel handler.





6.  Army Regulation 600-8-22 (Military Awards):

	a.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 
1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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

	c.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his:

	a.  overseas service in Bosnia;

	b.  qualification as a fuel handler;
	
	c.  qualification as a sharpshooter with his weapon; and

	d.  two awards of the Army Achievement Medal (AAM).

2.  DFAS records indicate that the applicant was deployed to Bosnia-Herzegovina from 15 September 1998 through 13 March 1999 (5 months and 
29 days).  Therefore, his DD Form 214 should reflect this service by:

	a.  showing in Item 12f: 5 months and 29 days;

	b.  adding in Item 13:  Armed Forces Service Medal; and

	c.  adding in Item 18: "SERVICE IN Bosnia-Herzegovina: 20041018-20050315".

3.  There is no available evidence of record showing that the applicant had qualified as a sharpshooter with any weapon.  Therefore, this portion of his request should be denied.

4.  There is no evidence showing that the applicant was trained in or otherwise qualified as a fuel handler.  Accordingly, this portion of his request should be denied.

5.  There are no available general orders or other documentation in the applicant's records showing he was awarded one or more AAMs.  Accordingly, this portion of his request should be denied.

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.  showing in Item 12f: 0 years, 5 months, 29 days;

	b.  adding in Item 13: Armed Forces Service Medal, and

	c.  adding in Item 18: "SERVICE IN BOSNIA-HERZEGOVINA: 20041018-20050315".

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 award of one or more Army Achievement Medals, a Sharpshooter Qualification Badge, or showing he qualified as a fuel handler.



      _______ _  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)                                         AR20110015258





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ABCMR Record of Proceedings (cont)                                         AR20110015258



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