IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003806 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2002 to show her award of the Meritorious Service Medal (MSM) (2nd Oak Leaf Cluster).  In addition, she requests award of the Armed Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM) and correction of her DD Form 214 to show these awards and her service in Bosnia-Herzegovina.

2.  The applicant states she served in Bosnia-Herzegovina from 2 October 1997 to 20 February 1998; however, it is not listed on her DD Form 214WS (Worksheet), which is what she received instead of a final copy.  She states she understands that in 1999 the Secretary of Defense approved the AFEM and the AFSM for service in Bosnia-Herzegovina, neither of which is annotated on her DD Form 214 WS.  She also received the North Atlantic Treaty Organization (NATO) Medal that is not listed either.  Additionally, the MSM (2nd Oak Leaf cluster) is not annotated.

3.  The applicant provides a:

* DD Form 214WS (DD Form 214 Worksheet)
* NATO certificate
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) for the period 1-31 March 1998
* DA Form 4980-18 (The Army Achievement Medal (AAM) Certificate), dated 19 April 1998
* 
DA Form 638 (Recommendation for Award) of the Meritorious Service Medal (2nd Oak Leaf Cluster), dated 9 April 2002

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 requested that the AFSM and the NATO Medal be added to her DD Form 214.  Although she states she only received a DD Form 214WS, her official military personnel file (OMPF) contains a copy of her retirement DD Form 214 for the period ending 31 October 2002.  This DD Form 214 currently shows she was awarded the AFSM and the NATO Medal.  Therefore, these portions of the applicant's request will not be discussed further in these Proceedings.  A copy of this DD Form 214 will be provided with these Proceedings.

3.  With prior enlisted service in the U.S. Army Reserve (USAR), she enlisted in the Regular Army on 8 October 1982.  She successfully completed training and she was awarded military occupational specialty (MOS) 91B (medical specialist). She was subsequently awarded MOS 91X (mental health specialist).

4.  Permanent Orders Number 108-005, issued by Headquarters, 127th Aviation Support Battalion, dated 19 April 1998, awarded the applicant the AAM for providing world-class mental health care in support of Operation Joint Guard (OJG).

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II), last reviewed by the applicant on 1 October 2000, shows she served in Bosnia during the period 29 September 1997 through
19 February 1998.

6.  Permanent Orders Number 162-016, issued by the Center Brigade, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, dated 11 June 

2002, awarded the applicant the MSM (2nd Oak Leaf Cluster) for meritorious service during the period 31 October 1992 to 31 October 2002.  This award was approved as her retirement award.

7.  On 31 October 2002, the applicant was retired by reason of sufficient service for retirement.  She completed 20 years, 4 months, 11 days of creditable active service.  Her final DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the MSM (2nd Oak Leaf Cluster) or the AFEM
* item 18 (Remarks) shows no entry for deployed service in Bosnia-Herzegovina

8.  Military Personnel Message (MILPER) Number 99-100 authorized award of both the AFSM and the AFSM, as a one-time exception to Department of Defense and Service policy, shows for qualifying service in support of Operation Joint Endeavor (OJE) and OJG in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the period 1 June 1992 to 19 December 1996 (OJE) and 20 December 1996 to 20 June 1998 (OJG).  The exception also allowed only one award of each service medal for service in either or both OJE and OJG.

9.  Army Regulation 635-5 (Personnel Separations - 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 that for an active duty Soldier deployed to a foreign country 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.

10.  Army Regulation 600-8-22 (Military Awards) states that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the MSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of her DD Form 214 to show her service in Bosnia-Herzegovina and associated awards was carefully considered and determined to have merit.

2.  Permanent Orders Number 162-016, dated 11 June 2002, awarded the applicant the MSM (2nd Oak Leaf Cluster).  Therefore, her DD Form should be corrected to show this award.

3.  Evidence of record confirms the applicant participated in support of OJG in Bosnia-Herzegovina from 29 September 1997 through 19 February 1998.  Based on MILPER Message Number 99-100, she is entitled to the AFEM for her service in support of OJG.  Therefore, her DD Form 214 should be corrected to show this award.

4.  The applicant's DA Form 2-1 confirms she deployed to Bosnia-Herzegovina during the period 29 September 1997 through 19 February 1998.  Therefore, her DD Form 214 should be corrected to show her deployed service.

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:

	a.  deleting from item 13 of her DD Form 214 for the period ending
31 October 2002 the Meritorious Service Medal (2nd Award);

	b.  adding to item 13 of her DD Form 214 for the period ending 31 October 2002 the:

* Meritorious Service Medal (3rd Award)
* Armed Forces Expeditionary Medal

	c.  adding to item 18 of her DD Form 214 for the period ending 31 October 2002 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970929-19980219."



      __________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)                                         AR20120003806



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ABCMR Record of Proceedings (cont)                                         AR20120003806



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