IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004647 


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) to show her deployment to Bosnia.

2.  The applicant states the Department of Veterans Affairs needs proof of her deployment in order to consider her disability claim for post-traumatic stress disorder.

3.  The applicant provides military deployment orders, leave documents, pay records, and awards associated with her deployment.  In addition, she provides medical records related to her disability processing and discharge.

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 20 March 1996 and held military occupational specialty 92A (Automated Logistical Specialist).  Her last overseas duty assignment was with the 127th Aviation Support Battalion in Hanau, Germany.

3.  She was honorably discharged on 25 September 2001 for disability with severance pay under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3).  Her DD Form 214 shows she completed 5 years, 6 months, and 6 days of total active service.  This form also shows the following entries:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the Army Lapel Button, Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar
* item 18 (Remarks) – no deployment to Bosnia

4.  Information obtained from the Defense Finance and Accounting Service confirms she received hostile fire (HFP)/imminent danger pay (IDP) from 21 March 1998 through 6 June 1998 for service in Bosnia-Herzegovina.

5.  The applicant provides a memorandum issued by Headquarters, 127th Aviation Support Battalion, 1st Armored Division Support Command, dated 25 August 1998, showing she was awarded the North Atlantic Treaty Organization (NATO) Medal and Armed Forces Service Medal for service in support of Operation Joint Guard from 21 March to 10 June 1998.  Her record does not contain a NATO Certificate.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The 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 specified 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.

	c.  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.  Previously, guidance stated 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.  Military Personnel Message 11-200, dated 29 June 2011, subject:  Updated NATO Policy Regarding Requests for the NATO Medal by U.S. Army Soldiers, states that NATO approved a revised policy effective 1 January 2011 stating that all NATO Medal requests must be submitted to SHAPE within 2 years of leaving the operational area.

	d.  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).

7.  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).

8.  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.  The applicant requests correction of her DD Form 214 to show her deployment to Bosnia.

2.  DFAS records show she received HFP/IDP for service in Bosnia-Herzegovina for the period 20 March 1996 through 6 June 1998.  This is sufficient evidence of her deployment.  As such, it would be appropriate to add this service to item 18 of her DD Form 214.

3.  As a related issue, the evidence shows she completed a qualifying period of service for award of the National Defense Service Medal; therefore, she is entitled to correction of her records to show this award.  The available evidence also shows she served during a qualifying period of service in Bosnia-Herzegovina in support of Operation Joint Guard.  Therefore, she is entitled to award of the Armed Forces Expeditionary Medal and correction of her DD Form 214 to show this award.

4.  The record shows she was authorized the wear/awarded the NATO Medal and Armed Forces Service Medal which are not shown on her DD Form 214.  This is sufficient evidence to correct her DD Form 214 to show the Armed Forces Service Medal.  However, the applicant has not provided and the record is void of a NATO Medal Certificate.  This certificate is required in order to add the NATO Medal to her DD Form 214.  Therefore, the NATO Medal cannot be added to her DD Form 214 at this time.

5.  In view of the foregoing, her records should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the following awards to item 13 of her DD Form 214:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Bosnia)
* Armed Forces Service Medal

	b.  adding the entry "SERVICE IN BOSNIA FROM 19980321-19980606" to item 18 of her DD Form 214.



      ____________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)                                         AR20120004647



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ABCMR Record of Proceedings (cont)                                         AR20120004647



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