IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110016897 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to:

   a.  show his foreign service in Bosnia and Albania and

   b.  add five Army Achievement Medals (AAM).

2.  He states the AAMs are not listed on his DD Form 214. 

3.  He provides:

* five DA Forms 638 (Recommendation for Award)
* two memoranda 
* 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.  He enlisted in the Regular Army on 13 June 1996, and after the completion of training, he served in military occupational specialty 35F (Special Electronic Devices Repairer).

3.  Part V (Orders Data) of the DA Forms 638 shows he was awarded five AAMs:

Permanent Order Number	Approved Award	Date
0008-10	AAM	20 March 1998
243-32	AAM (2nd Award)	31 August 1998
189-326	AAM (3rd Award)	8 July 1999
054-34	AAM (4th Award)	13 March 2000
138-01	AAM (5th Award)	18 May 2001

4.  He provided a copy of a memorandum, from the 47th Support Battalion (Forward), Subject:  Individual Readiness Training/Situation Training Exercise Certification, dated 8 June 1998.  This document includes the applicant’s name indicating he had completed training and all other requirements for deployment.  

5.  Two of the DA Forms 638 show in item 20 (Achievements) he deployed with his unit in support of Operation Allied Force, Operation Joint Guard, and Operation Joint Forge.  

6.  On 12 June 2001, he was honorably released from active duty after completing 5 years of net active service.  Item 12f (Foreign Service) of his 
DD Form 214 shows he completed 2 years of foreign service.  Item 13 shows he was awarded the following:

* Army Good Conduct Medal (1st Award)
* Army Service Ribbon
* Overseas Service Ribbon

7.  Item 18 (Remarks) of his DD Form 214 does not show his deployments.  The Defense Finance and Accounting Service (DFAS) confirms he received Hostile Fire and Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exemption (CZTE) for:

* Bosnia-Herzegovina from 22 June to 26 September 1998
* Albania from 29 April to 10 July 1999

8.  Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal (KCM) is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE), this included Albania.  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 
30 consecutive or 60 nonconsecutive days that began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

9.  Military Personnel Message (MILPER) Number 99-157 implemented the policy to allow award of the Armed Forces Expeditionary Medal (AFEM) to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM 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.  

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The regulation provides that an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirms he received HFP/IDP and CTZE while serving in Bosnia-Herzegovina and Albania for the periods:

* Bosnia-Herzegovina from 22 June to 26 September 1998
* Albania from 29 April to 10 July 1999  

2.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 to show:

* "SERVICE IN BOSNIA FROM 19980622-19980926"
* "SERVICE IN ALBANIA FROM 19990429-19990710"

3.  As a result of his service in Bosnia during Operation Joint Forge, he is authorized award of the AFEM and addition of this award to his DD Form 214. 

4.  Based on his service in Albania during Operation Allied Force, he is authorized award of the KCM with one bronze service star and addition of this award to his DD Form 214. 

5.  The evidence shows the applicant was awarded 5 AAMs.  As a result, he is entitled to show the AAM (5th Award) in item 13 of his DD Form 214. 

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 amending his DD Form 214 by:

	a.  adding the following awards to item 13:

* AAM (5th Award)
* AFEM
* KCM with one bronze service star



	b.  adding to item 18 the following entries:

* "SERVICE IN BOSNIA FROM 19980622-19980926"
* "SERVICE IN ALBANIA FROM 19990429-19990710"



      ____________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)                                         AR20110016897





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ABCMR Record of Proceedings (cont)                                         AR20110016897



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