IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20110023176 


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 by documenting his deployed service in Bosnia and adding the awards he received for this service.  

2.  The applicant states his DD Form 214 does not reflect his service in Bosnia or the awards he earned based on this service.  

3.  The applicant provides five documents identified in the supporting documentation portion of his application in support of his request.  

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’s military personnel record was not made available to the Board.  There is a properly constituted DD Form 214 on file that shows the applicant enlisted in the Regular Army on 17 September 1993 with prior service, and that he held and served in military occupational specialty 91B (Medical Specialist).  

3.  The DD Form 214 shows the applicant completed 6 months of overseas service in item 12f (Foreign Service).  It also shows he earned the National Defense Service Medal and Army Service Ribbon during his active duty tenure.  Item 18 (Remarks) is void of an entry documenting deployed service during the period covered by the DD Form 214.  It also shows he was honorably separated by reason of hardship on 1 November 1996, in the rank of specialist, after completing 3 years, 1 month, and 14 days of active duty service during the period covered by the DD Form 214 (17 September 1993-1 November 1996).  

4.  The applicant’s Defense Finance and Accounting Service (DFAS) record shows he received imminent danger pay/hostile fire pay for Croatia during the period from 28 February through 24 June 1996.  

5.  The applicant provides an Operation Joint Endeavor Certificate of Appreciation that recognized him for outstanding service in support of Joint Endeavor in the former Republic of Yugoslavia.  He also provides an Army Achievement Medal (AAM) showing he received this award for his meritorious service between 20 May and 26 May 1996.  It also shows this award was authorized and announced in Headquarters, 16th Engineer Battalion, Bosnia-Herzegovina Permanent Orders 07-07, dated 8 July 1996.  He further provides a travel authorization memorandum, dated 23 June 1996, that shows he was authorized to return to the United States based on a Red Cross message.  It further shows he was deployed in the theater (Bosnia-Herzegovina) from
27 February through 24 June 1996.  

6.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 
state for an active duty Soldier deployed 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)." 



7.  Army Regulation 600-8-22 (Military Awards) states the following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the North Atlantic Treaty Organization (NATO) Medal:  (1) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (2) Operations related to Kosovo (13 October 1998 to a date to be determined); (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined); (5) International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined); and (6) Operations in the Balkans (1 January 2003 to a date to be determined). 

8.  Army Regulation 600-8-22 states 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 the above NATO operations.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  U.S. service members are authorized to retain the ribbon clasp presented but may not wear the clasp.  For subsequent awards (if approved by the Secretary of Defense) for service in a different NATO operation, U.S. military personnel will affix a bronze service star to the NATO Medal suspension ribbon and service ribbon.

9.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected by adding his service in Bosnia and adding the awards he is eligible for based on this deployment has been carefully considered and found to have merit.  

2.  The evidence confirms the applicant served in the Bosnia-Herzegovina/ Croatia from 28 February through 24 June 1996, as evidenced by the DFAS record and the documents provided by the applicant.  Therefore, it would be appropriate to document this service with an entry in item 18 of his DD Form 214.  
3.  Further, based on his service in the former Republic of Yugoslavia in support of Operation Joint Endeavor, he is eligible for the AFEM.  The evidence also shows he received the AAM which was not included on his DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214.   

4.  The applicant should contact SHAPE as described in paragraph 9, above, to obtain a NATO certificate.  After receiving it, he may reapply to have the NATO Medal added to 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 adding:

   a.  in item 13 the Armed Forces Expeditionary Medal and, Army Achievement Medal; and
   
   b.  in item 18 “SERVICE IN BOSNIA-HERZEGOVIA/CROATIA FROM 19960228-19960624”; and



      ____________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)                                         AR20110023176



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ABCMR Record of Proceedings (cont)                                         AR20110023176



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