IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120007484 


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 in Bosnia-Herzegovina.  He also requests, in effect, award of the North Atlantic Treaty Organization (NATO) Medal and any awards and decorations to which he may be entitled for this service.

2.  The applicant states none of his medals or his deployment to Bosnia-Herzegovina are shown on his DD Form 214 and it is affecting his Department of Veterans Affairs claim. 

3.  The applicant provides no documentary evidence. 

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 1 May 1996, served as a cavalry scout, and was honorably discharged on 28 June 2000 due to physical disability (severance pay).

3.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* Army Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

4.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "0000  00  00."  Item 18 (Remarks) shows no entry for deployed service.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) while deployed to Bosnia-Herzegovina from 15 August 1997 through 23 March 1998, a total of 7 months and 8 days of foreign service.

6.  There is no evidence of record which shows he received the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia.

7.  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.  The regulation provides that for:

* item 12f – enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 – for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal (AFSM) and the Armed Forces Expeditionary Medal (AFEM), 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).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HFP/IDP for service in Bosnia-Herzegovina from 15 August 1997 through 23 March 1998 for a total of 7 months and 8 days of foreign service.  Therefore, this information is accepted as sufficient evidence to correct items 12f and 18 of his DD Form 214 to show his foreign deployed service.

2.  There is no evidence of record, and the applicant provided none, which shows he received the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia.  Therefore, there is insufficient evidence on which to base adding the NATO Medal to his DD Form 214.

3.  Based on the applicant's service in Bosnia-Herzegovina, he is entitled to the AFSM and AFEM.  His DD Form 214 should be corrected to show these medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the entry from item 12f of his DD Form 214 and replacing it with the entry "0000  07  08"; 

	b.  adding the AFSM and AFEM to his DD Form 214; and 

	c.  adding the entry "SERVICE IN BOSNIA FROM 19970815-19980323" to item 18 of his DD Form 214.

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 NATO Medal.  




      _______ _   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)                                         AR20120007484





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ABCMR Record of Proceedings (cont)                                         AR20120007484



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