IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001879 


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 award of:

* Army Achievement Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal
* Driver and Mechanic Badge

2.  The applicant states that he did not know he was responsible for keeping his military records up to date.  It is shameful to look at his blank DD Form 214 knowing what he had really earned.  He states that he deployed to Bosnia in support of Operation Joint Forge during March to July 1999.

3.  The applicant provides copies of:

* DD Form 214
* Permanent Orders 036-03, Fort Hood, TX, dated 9 February 1999, with manifest
* NATO Travel Order, Fort Hood, TX, dated 27 August 2001
* An Army Achievement Medal Certificate, dated 29 October 2001
* First page of his Enlisted Record Brief (ERB), dated 4 February 2003


* Letter from the Defense Finance and Accounting Service (DFAS) with his Leave and Earning Statements (LES) from February through July 1999
* 13 pages from Army Regulation 600-8-22 (Military Awards)

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.  On 5 January 1998, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 14J (Electronic Warfare Systems Operator).  He was subsequently assigned to Fort Hood, TX.

3.  Permanent Orders 036-03, Fort Hood, TX, dated 9 February 1999, attached the applicant to Task Force Eagle in Bosnia-Herzegovina effective on or about 
22 February 1999.  His deployment was for a period of 179 days but could be extended up to 364 days and was an Operation Joint Guard follow-on force in support of Operation Joint Forge.

4.  The applicant's LESs show that he received Hardship Duty Pay and Hazardous Fire Pay/Imminent Danger Pay during the months of February through July 1999.

5.  NATO Travel Order L239-04, Fort Hood, TX, dated 27 August 2001, shows that the applicant was ordered to depart Fort Hood, TX on 11 September 2001 and travel to the Federal Republic of Germany (FRG) as a member of a Force defined in the NATO Status of Forces Agreement.

6.  The applicant's military records contain:

	a.  Permanent Order 38-109, Fort Hood, TX, dated 7 February 2001 announced award of the Army Good Conduct Medal to the applicant for the period from 5 January 1998 to 4 January 2001.

	b.  A Department of the Army Achievement Medal Certificate, dated 
29 October 2001, shows that Permanent Orders Number 302-16, 5th Air Defense Artillery Regiment, awarded the applicant this medal for meritorious service.

	c.  DA Form 2-1 (Personnel Qualification Record - Part II) shows that the applicant qualified as a sharpshooter with the M-16 rifle in 1998 and as an expert with the hand grenade in that same year.

7.  On 19 November 2001, the applicant was assigned to the Headquarters and Headquarters Battery, 1st Battalion, 4th Air Defense Artillery Regiment, located in the Federal Republic of Germany.

8.  On 30 April 2003, the applicant was discharged due to physical disability.  He had attained the rank of specialist, pay grade E-4 and had completed 5 years, 
3 months, and 26 days of creditable active duty service.

9.  The applicant's DD Form 214 shows his awards as the National Defense Service Medal and the Army Service Ribbon.

10.  Army Regulation 600-8-22 provides that:

	a.  The 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.  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.

	b.  The NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  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.

	c.  The eligibility requirements for award of the Driver and Mechanic Badge require that a Soldier must qualify for and possess a current Optional Form U.S. Government Motor Vehicles Operator’s Identification Card; be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no record of a government motor vehicle accident or traffic violation.


11.  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.

12.  Military Personnel Message (MILPER) 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.  Unlike the Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge, under any circumstance.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of:

* Army Achievement Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* NATO Medal
* Driver and Mechanic Badge

2.  The available evidence of record clearly shows that the applicant was awarded the Army Achievement Medal and the Army Good Conduct Medal.  Therefore, these two medals should be shown on his DD Form 214.

3.  The available evidence is sufficiently convincing to show that the applicant served in Bosnia-Herzegovina during a qualifying period for award of the Armed Forces Expeditionary Medal.  However, he did not serve during a period in which he was also authorized the Armed Forces Service Medal.  Therefore, his DD Form 214 should be corrected to show only the Armed Forces Expeditionary Medal.

4.  The evidence of record clearly indicates that the applicant served as a part of the NATO Force.  However, his records do not contain and he has not provided a copy of the NATO certificate showing he was awarded the NATO Medal.  Therefore, this award should not be shown on his DD Form 214.  The applicant is advised that he may request a copy of this certificate.

5.  Records show that the applicant qualified as a sharpshooter with his rifle and as an expert with the hand grenade.  Therefore, these two badges should be shown on his DD Form 214.

6.  There is no evidence of record and the applicant has not provided any evidence showing that he was awarded the Driver and Mechanic Badge.  Therefore, this badge should not be shown on his DD Form 214.

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 adding the following awards and badges to his DD Form 214:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 award of the Armed Forces Service Medal, NATO Medal, and Driver and Mechanic Badge.



____________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)                                         AR20120001879



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ABCMR Record of Proceedings (cont)                                         AR20120001879



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