IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110017749 


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 that her records be corrected to show award of the Armed Forces Expeditionary Medal, North Atlantic Treaty Organization (NATO) Medal, Good Conduct Medal, Driver and Mechanic Badge, and service in Bosnia. She also requests that her records be corrected to show she attended the Noncommissioned Officers Academy.

2.  The applicant states she is providing the information that was missing from her records at the time of separation. 

3.  The applicant provides copies of her Enlisted Record Brief; deployment orders, dated 20 January 1999 and 9 February 1999; an 11 September 1999 outgoing flight roster; a NATO Medal certificate; orders for the Driver and Mechanic Badge; orders for the Good Conduct Medal (1st Award); and a 
DA Form 1059 (Service School Academic Evaluation Report).

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 12 November 1996; she completed the training requirements and she was awarded military occupational specialty 31U (Signal Support Systems Specialist). 

3.  She was assigned to the 401st Military Police Company (MP), Fort Hood, Texas. 

4.  Headquarters, 1st Cavalry Division Permanent Orders 019-1, dated 
20 January 1999, temporary change of station orders, attached the 401st MP Company (the applicant's unit) to Task Force Eagle, Bosnia-Herzegovina in support of Operation Joint Guard/Operation Joint Forge.  The applicant's name is included in the list of names attached to this order.

5.  Headquarters, 720th MP Battalion Orders Number 039-3, dated 8 February 1999, awarded the applicant the "Driver's Badge."  These orders do not show which component bar was authorized.

6.  Headquarters, 1st Cavalry Division Permanent Orders 036- 01, dated 
9 February 1999, in effect, repeated the 20 January 1999 temporary change of station orders and the attached list of personnel includes the applicant's name.

7.  The NATO Medal award certificate shows the applicant was awarded this medal for service in Bosnia-Herzegovina from 22 February 1999 through 10 September 1999. 

8.  Detachment B, 546th Personnel Services Battalion, 3d Personnel Group, Permanent Orders 136-014, dated 15 May 2000, awarded the applicant the Good Conduct Medal (1st Award) for the period 12 November 1996 through 
11 November 1999.

9.  An Academic Evaluation Report, dated 10 March 2000, shows the applicant completed the 4-week Primary Leadership Development Course.  The duration of the course was from 9 February 2000 through 10 March 2000.

10.  A review of the applicant's pay record shows she was in receipt of hostile fire/imminent danger pay and combat zone tax exclusion for service in Bosnia-Herzegovina from 24 February through 11 September 1999.

11.  The applicant's Enlisted Record Brief shows her awards include the NATO Medal and Driver and Mechanic Badge.

12.  The applicant's DD Form 214:

* item 12f (Foreign Service) shows no service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Armed Forces Expeditionary Medal, NATO Medal, Good Conduct Medal (1st Award), the Driver and Mechanic Badge, or the Noncommissioned Officer Professional Development Ribbon
* item 14 (Military Education) does not show completion of the Primary Leadership Development Course
* item 18 (Remarks) does not show her deployment to Bosnia

13.  Military Personnel 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.  

14.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

15.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  A service member will be awarded the Noncommissioned Officer Professional Development Ribbon with the numeral which identifies the highest level of NCO education system course successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level (to include the Primary Leadership Development Course)
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214 and states:

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

	b.  List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 in item 13; 

	c.  list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 in item 14; and  

	d.  item 18 is used for Headquarters, Department of the Army mandatory requirements when a separate block is not available, as a continuation for entries in blocks 11, 13, and 14, and for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in support of Operation Joint Guard with deployment to Bosnia-Herzegovina from 24 February through 11 September 1999.  This service equals 6 months and 19 days.  Both items 12f and 18 of the DD Form 214 should be corrected to show this period of foreign service.

2.  The Armed Forces Expeditionary Medal is authorized to personnel who provided direct support to Operation Joint Forge while deployed in of Bosnia.  The applicant met the eligibility criteria for award of this medal and she should be awarded the Armed Forces Expeditionary Medal.
3.  The applicant's orders for the Driver and Mechanic Badge do not include the component bar designation.  Since her unit would not likely have used tracked vehicles, motorcycles, or amphibious vehicles and her training and assignments do not qualify her as a mechanic, it is logical to conclude that the Driver-W is the appropriate component bar for this badge.

4.  The applicant's award of the NATO Medal, Good Conduct Medal (1st Award), and the Driver and Mechanic Badge with Driver-W Bar were omitted from her 
DD Form 214.

5.  The applicant completed the Primary Leadership Development Course; however, this course was not included on her DD Form 214.  It is appropriate to correct this omission.  Completion of this course made her eligible for award of the Noncommissioned Officer Professional Development Ribbon.

6. Based on the above facts and findings it would be appropriate to correct the applicant's DD Form 214 to show in: 

	a.  item 12f 6 months and 19 days;

	b.  item 13 the Armed Forces Expeditionary Medal, NATO Medal, Good Conduct Medal (1st Award), Noncommissioned Officer Professional Development Ribbon, and the Driver and Mechanic Badge with Driver-W Bar;

	c.  item 14 the 4-week Primary Leadership Development Course, 2000; and 

	d.  item 18, the statement "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990224 - 19990911."

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 the applicant's DD Form 214 to show in: 

	a.  item 12f "00 06 19";

	b.  item 13 the Armed Forces Expeditionary Medal, NATO Medal, Good Conduct Medal (1st Award), Noncommissioned Officer Professional Development Ribbon, and the Driver and Mechanic Badge with Driver-W Bar;

	c.  item 14 the 4-week Primary Leadership Development Course, 2000; and 

	d.  item 18 the statement "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990224 - 19990911."



      _______ _   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)                                         AR20110017749



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ABCMR Record of Proceedings (cont)                                         AR20110017749



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