BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120008763 


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 foreign service credit and award of the:

* Overseas Service Bar
* Armed Forces Service Medal
* Armed Forces Expeditionary Medal
* North Atlantic Treaty Organization (NATO) Medal
* One Army Achievement Medal (AAM)

2.  The applicant states:

* he was deployed to Bosnia with Lightning Troop, 2d Armored Cavalry Regiment during the period 1997 to 1998
* he participated in Operation Joint Guard

3.  The applicant provides a copy of his DD Form 214.

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 the AAM be added to his DD Form 214.  His
DD Form 214 currently shows he was awarded one award of the Army Achievement Medal.  There is no evidence of record and he did not provide any evidence that he was recommended for or awarded any additional AAMs.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  On 21 January 1997, the applicant enlisted in the Regular Army.  He completed training and he was awarded military occupational specialty 19D (Cavalry Scout).

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 20 January 2000, he was honorably released from active duty at the completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years of creditable active service.

6.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service completed during the period covered by the DD Form 214, and

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

*	Army Achievement Medal
*	Army Good Conduct Medal
*	Army Service Ribbon

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 15 August 1997 through 25 June 1998, a period of
10 months and 22 days, while deployed to Bosnia.

8.  Military Personnel Message (MILPER) Number 99-100 (Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor (OJE) and Joint Guard (OJG)), issued on 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 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 periods 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 600-8-22 (Military Awards) states the NATO Medal was authorized by the Secretary-General of the NATO 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, including Bosnia.  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.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  Overseas Service Bars are an item of uniform wear, not an award or decoration and are not entered on the DD Form 214.
11.  Army Regulation 600-8-22 states the Overseas Service Ribbon is authorized for Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a temporary change of station (TCS)/temporary duty (TDY) status may receive overseas tour credit for a completed short tour.
12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation states to enter the total amount of foreign service completed during the period covered in block 12c.  This regulation also states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) of the DD Form 214 the statement, "Service in (Name of Country Deployed) from YYYYMMDD - YYYYDDMM)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP and CZTE for service in Bosnia from 15 August 1997 through 25 June 1998.  Therefore, his DD Form 214 should be corrected to show this foreign/deployed service.

2.  MILPER 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 OJG in the Republic of Bosnia-Herzegovina.  Therefore, the applicant's DD Form 214 should be corrected to show these awards.

3.  The applicant served during a qualifying period of service for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

4.  His DA Form 2-1 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this qualification badge.

5.  There is no effective relief for addition of an overseas service bar to the applicant's DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.  Therefore, there is no basis for granting this portion of his request.

6.  Award of the NATO Medal was authorized during the applicant's service in Bosnia.  However, in order to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate by NATO.  There is no evidence of record and the applicant did not provide any evidence that he was issued such a certificate.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  10  22";

	b.  adding to item 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* Army Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  adding to item 18 the entry "Service in Bosnia from 19970815 - 19980625."

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 and any overseas service bars.



      _________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)                                         AR20120008763



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ABCMR Record of Proceedings (cont)                                         AR20120008763



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