IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120006766 


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 the Armed Forces Service Medal.

2.  The applicant states he served in Bosnia with Battery C, 1st Battalion, 7th Field Artillery Regiment, 1st Infantry Division, as part of Operation Joint Endeavor/Operation Joint Guard.  This makes him eligible for the Armed Forces Service Medal.

3.  The applicant provides his unit deployment orders.

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.  Having prior active service, the applicant enlisted in the Regular Army on 28 November 1986 and he held military occupational specialty 74B (Information Systems Operator/Analyst).

3.  Permanent Order (PO) Number 203-16, dated 9 November 1994, issued by Headquarters, 2nd Armored Cavalry Regiment, Fort Polk, LA, awarded him the Army Commendation Medal for exceptional service from 1 November 1991 to 29 December 1994.

4.  PO Number 334-01, dated 30 November 1998, issued by the 15th Signal Brigade, Fort Gordon, GA, awarded him the Army Commendation Medal (2nd Award) for meritorious service from 5 October 1997 to 23 April 1999.

5.  He was honorably released from active duty on 30 April 1999 and transferred to the U.S. Army Reserve.  He completed 12 years, 5 months, and 3 days of net active service during this period.

6.  His DD Form 214 for the period ending 30 April 1999 does not show award of the Armed Forces Service Medal, Armed Forces Expeditionary Medal, or Army Commendation Medal.

7.  Item 18 (Remarks) of his DD Form 214 does not reflect deployment to a foreign country.

8.  In an email from the Defense Finance and Accounting Service (DFAS), dated 19 April 2012, DFAS confirmed the applicant received hazardous fire pay (HFP)/imminent danger pay (IDP) for service in Bosnia-Herzegovina from 29 October 1996 to 30 March 1997.

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

	a.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation that is deemed to be a significant activity.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility.  The Armed Forces Service Medal is authorized for qualifying service in support of Operation Joint Endeavor from 1 June 1992 to 19 December 1996, Operation Joint Guard from 20 December 1996 to 20 June 1998, and Operation Joint Forge from 21 June 1998 to a date to be determined.

	b.  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 in support of Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).

10.  Military Personnel Message 99-100, dated 12 March 1999, 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, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

11.  Army Regulation 635-5 (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 a Soldier deployed to a foreign country during the period covered by the DD Form 214, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates) YYYYMMDD-YYYYMMDD" in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served during a qualifying period of service for award of the Armed Forces Service Medal and the Armed Forces Expeditionary Medal.  In addition, PO awarded him two Army Commendation Medals which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  DFAS confirmed the applicant received HFP/IDP for service in Bosnia-Herzegovina from 29 October 1996 to 30 March 1997.  Therefore, his DD Form 214 should be corrected to show his service in Bosnia-Herzegovina and the dates of this deployment as a related issue.



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 adding the following to his DD Form 214 for the period ending 30 April 1999:

* Army Commendation Medal (2nd Award)
* Armed Forces Service Medal
* Armed Forces Expeditionary Medal
* "SERVICE IN BOSNIA-HERZEGOVINA FROM 19961029-19970330"



      __________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)                                         AR20120006766



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ABCMR Record of Proceedings (cont)                                         AR20120006766



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