IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110016970 


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 his foreign service in Bosnia from 13 June to 1 October 1998
* Show awards of the Armed Forces Service Medal, Armed Forces Expeditionary Medal, and the North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states he deployed to Bosnia in support of Operation Joint Guard/Joint Forge but it is not shown on his DD Form 214.  His deployment was a significant part of his record and his DD Form 214 should be corrected to show his deployment and all associated awards.  His research shows all the awards listed above are authorized for his deployment.

3.  The applicant provides:

* His DD Form 214
* Four Defense Finance and Accounting Service (DFAS) Leave and Earnings Statements (LES)
* Two award certificates

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 1 June 1995 and he held military occupational specialty 14R (Bradley Linebacker Crewmember).  He was assigned to the 1st Battalion, 4th Air Defense Artillery in Germany from 9 June 1997 to 13 October 2000.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Croatia during Operation Joint Guard/Joint Forge from 14 June to 18 September 1998.

4.  He was honorably discharged from active duty on 14 December 2002.  He completed 7 years, 6 months, and 14 days of creditable active service.  The
DD Form 214 he was issued at the time shows in:

* Item 12f (Foreign Service) he completed 3 years, 4 months, and 6 days of foreign service

* Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

* Item 18 (Remarks) no entry for any service in Bosnia or Croatia

5.  The applicant provides:

* His June through September 1998 LES' that show he received hostile fire pay (HFP) during those 4 months
* A certificate for award of the NATO Medal for his service in operations in relation to the Former Yugoslavia during the period 14 June to 18 September 1998
* An Army Achievement Medal certificate for meritorious achievement while performing his duties as a team member during Operation Joint Guard/Joint Forge from 13 June to 1 October 1998

6.  The DFAS confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia-Herzegovina from 14 June to 18 September 1998.

7.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  The Armed Forces Expeditionary Medal is authorized for qualifying service in the former Republic of Yugoslavia during Operation Joint Endeavor and Operation Joint Guard from 1 June 1992 to 20 June 1998 and for Operation Joint Forge for Soldiers who are or were deployed in the countries of Bosnia-Herzegovina and Croatia from 21 June 1998 to a date to be determined.

	b.  Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility.  The Armed Forces Service Medal is authorized for qualifying service in Operation Joint Endeavor from 1 June 1992 to 19 December 1996, Operation Joint Guard from 20 December 1996 to 20 June 1998, and Operation Joint Forge from 21 June 1998 to a date to be determined.

	c.  Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.

	d.  NATO Medal was authorized by the Secretary-General of the NATO for specific NATO operations.  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.  To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate for this award.
8.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states, for a Soldier deployed to a foreign country during the period covered by the DD Form 214, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates) YYYYMMDD-YYYYMMDD" in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served during a qualifying period of service for award of the Armed Forces Expeditionary Medal (Operation Joint Forge), Armed Forces Service Medal (Operation Joint Guard), Global War on Terrorism Service Medal, and he was issued a certificate for award of the NATO Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  DFAS confirmed the applicant received HF/IDP for service in Bosnia-Herzegovina from 14 June to 18 September 1998.  Therefore, his DD Form 214 should be corrected to show his service in Bosnia-Herzegovina and the dates of this deployment.

3.  With respect with his request to have his DD Form 214 corrected to show his dates of deployment in Bosnia from 13 June to 1 October 1998, the evidence of record shows he served in Bosnia from 14 June to 18 September 1998.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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 to item 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* Global War on Terrorism Service Medal
* North Atlantic Treaty Organization Medal

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19980614 - 19980918"

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 the correction of his DD Form 214 to show his service in Bosnia from 13 June to 1 October 1998.



      _______ _   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)                                         AR20110016970



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016970



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1