BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120003302 


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 deployment to Bosnia from 13 March to 26 November 1996
* Award of the Armed Forces Expeditionary Medal

2.  The applicant states he needs his record corrected in order to obtain veteran’s preference points.

3.  The applicant provides:

* Scroll of Appreciation
* Certificate of Service
* North Atlantic Treaty Organization (NATO) Medal Certificate
* Army Achievement Medal Certificate

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 19 July 1994 and held military occupational specialty 95B (Military Police).  He attained the rank/grade of specialist/E-4 and he was assigned to the 536th Military Police Company, Germany.

3.  He was released from active duty on 13 February 1998 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 3 years, 6 months, and 25 days of total active service.  This form also shows the following entries:

* Item 12f (Foreign Service) - "0003  00  17"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Driver and Mechanic Badge with Driver W Bar, Armed Forces Service Medal, and NATO Medal
* Item 18 (Remarks) does not show his deployed service to Bosnia

4.  Information obtained from the Defense Finance and Accounting Service, confirms the applicant received hostile fire/imminent danger pay (HF/IDP) from   1 March to 23 November 1996 for service in Bosnia.

5.  The applicant provides an award certificate showing he was awarded the NATO Medal for service with NATO In support of Operation Joint Endeavor from 13 March to 26 November 1996.

6.  He also provides a Certificate of Service for Operation Joint Endeavor which shows he served in Bosnia for the period 13 March to 26 November 1996.

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).


8.  Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods         1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service, the applicant states he served in Bosnia from 13 March to 26 November 1996.  This period of service is consistent with the dates listed on his Certificate of Service and NATO medal.  His pay records  show he received HF/IDP for service in Bosnia from 1 March to 23 November 1996, further support his claim.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in item 18.

2.  The evidence of record shows he served a qualifying period in Bosnia during Operation Joint Endeavor for award of the Armed Forces Expeditionary Medal which is not shown on his records; therefore, he is entitled to the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

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: 

* adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal (Bosnia)
* adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19960313 - 19961126"



      _______ _  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)                                         AR20120003302





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ABCMR Record of Proceedings (cont)                                         AR20120003302



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