IN THE CASE OF:	  

		BOARD DATE:	    21 February 2012

		DOCKET NUMBER:  AR20110015699 


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 records to show his last period of deployment to the Bosnia-Herzegovina theater of operations and award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he served in Bosnia-Herzegovina on three occasions. However, his last deployment to the theater of operations and the AFEM are not recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides:

* two deployment documents
* his DD Form 214
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* the AFEM award criteria

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 11 April 1996 for a period of 3 years.  He was awarded military occupational specialty (MOS) 12C (Bridge Crewman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Germany from 23 October 1996 through 22 October 1998;

	b.  item 9 (Awards, Decorations and Campaigns) the:

* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Expeditionary Medal

4.  The applicant attained the rank/grade of private first class (PFC)/E-3 on
1 June 1998.

5.  On 10 April 1999, the applicant was honorably released from active duty by reason of completion of required active service.  He was transferred to the
282nd Personnel Detachment, Pennsylvania Army National Guard (PAARNG).  He completed 3 years of active service this period that included 2 years, 5 months, and 18 days of foreign service.  It also shows in:

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

* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Service Medal
* NATO Medal

	b.  item 18 (Remarks) the entry "Service in Bosnia -- 19961209 to 19970225, 19970830 to 19970926."

6.  The applicant's NGB Form 22 shows he enlisted in the PAARNG on 11 April 1999.  He was honorably separated on 30 January 2002 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 9 months, and 20 days of net service this period.  It shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period (State Awards may be included) the:

* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Service Ribbon
* NATO Medal
* AFEM
* General Thomas J. Stewart Medal

7.  In support of his application, the applicant provides a 38th Engineer Company (Medium Girder Bridge), memorandum for record, dated 20 April 1998, that shows his commander certified he deployed to Croatia during the period
6 January to 4 February 1998 and that he redeployed from Croatia to Hanau (Germany) on 3 October 1998.

8.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire and imminent danger pay (HF/IDP) for service in Bosnia-Herzegovina from 7 January through
2 February 1998.

9.  A review of the applicant's military personnel record reveals he may be authorized an additional award that is not shown on his DD Form 214.

10.  The applicant's available military service records do not contain any evidence of disciplinary action, adverse information, or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
	b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

		(1)  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.

		(2)  Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG) from 1 June 1992 to 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia.

12.  Headquarters, U.S. Army Personnel Command, Military Personnel Message Number 99-100, issued 12 March 1991, subject:  Award of the AFEM for OJE and OJG, shows the Secretary of Defense approved award of the AFEM in addition to the Armed Forces Service Medal to certain participants of OJE and OJG as a one-time exception to Department of Defense and service policies.

	a.  The one-time exception was to permit the award of the two medals for the same operation and period of service.

	b.  Award of the AFEM is limited to those participants in, or those providing direct support to, OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia; aboard U.S. Naval vessels operating in the Adriatic Seas; or aboard aircraft in the respective air spaces.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 13, enter 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.

		(2)  item 18, for an active duty Soldier deployed to a foreign country 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 evidence of record shows the applicant served in Bosnia-Herzegovina in support of OJE and OJG from 9 December 1996 to 25 February 1997, 30 August to 26 September 1997, and 7 January through 2 February 1998

	a.  This service qualified the applicant for award of the AFEM.

	b.  However, the AFEM and the period of deployment from 7 January through 2 February 1998 are not recorded in item 13 and item 18 (respectively) of his DD Form 214.

	c.  Therefore, it would be appropriate to correct item 13 and item 18 of his DD Form 214 to show the AFEM and the third period of deployed service in support of OJE/OJG.

2.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 11 April 1996 through 10 April 1999.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  He attained the rank/grade of PFC (E-3).

	c.  He deployed to the Bosnia-Herzegovina theater of operations on three occasions.

	d.  Despite the absence of the unit commander's recommendation for the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this award and to correct his DD Form 214 to show this award.

BOARD VOTE:

___X____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 April 1996 through 10 April 1999;

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

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19980107 - 19980202."




      __________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)                                         AR20110015699



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ABCMR Record of Proceedings (cont)                                         AR20110015699



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