BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120018424 


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 from 7 July to 6 October 1997
* Award of the Armed Forces Expeditionary Medal (AFEM)

2.  The applicant states she served in Bosnia from 7 July through 6 October 1997 in support of Task Force Eagle, Operation Joint Guard.

3.  The applicant provides:

* a DOD News Release, subject:  AFEM Medal Approved for Operation Joint Endeavor or Operation Joint Guard, dated 23 March 1999
* Permanent Orders 066-00011, issued by Headquarters, Fort Riley, KS, dated 7 March 1997
* Permanent Orders 231-00012, issued by the same headquarters, dated 19 August 1997
* DD Form 1610 (Request and Authorization for TDY Travel), dated 22 May 1997 with a list of names, including the applicant
* a memorandum, subject:  Unit Movement Orders 066-00011, dated
7 March 1997
* her North Atlantic Treaty Organization (NATO) Medal Certificate for the period 7 July - 6 October 1997


* her Task Force Eagle, Bosnia-Herzegovina Certificate of Appreciation, dated 4 October 1997

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 30 August 1996.  She held military occupational specialty 92Y (Unit Supply Specialist).  She attained the rank/grade of specialist (SPC)/E-4 and she was assigned to the 977th Military Police Company.

3.  She was honorably released from active duty on 29 August 1999 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.  She completed 3 years of total active service.  The DD Form 214 she was issued at the time shows in:

* Item 12f (Foreign Service) - "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

* Item 18 (Remarks) no deployment entry for service in Bosnia

4.  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 7 July to 1 October 1997 for service in Bosnia.


5.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions.  Additionally, there is no evidence of a commander's disqualification that would have precluded her from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  The applicant provides a certificate showing she was awarded the NATO Medal for service in support of operations in relation to the former Yugoslavia from 7 July to 6 October 1997 (a period of 3 months and 2 days).

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

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

8.  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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.


	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  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)."

DISCUSSION AND CONCLUSIONS:

1.  With respect to her foreign service, the applicant states she served in Bosnia from 7 July to 6 October 1997.  This period of service is consistent with the dates reflected on her NATO Medal.  DFAS further confirmed she received HF/IDP and CZTE for service in Bosnia from 7 July to 1 October 1997.  Therefore, it would be appropriate at this time to correct items 12f and 18 of her DD Form 214 accordingly.

2.  The evidence of record shows she served during a qualifying period in Bosnia in support of Operation Joint Guard that entitles her to the Armed Forces Expeditionary Medal.  Therefore, her DD Form 214 should be corrected to show this award.

3.  The evidence of record shows she was awarded the NATO Medal.  Therefore, her DD Form 214 should be corrected to show this award.

4.  The evidence of record confirms the applicant served honorably on active duty during the period 30 August 1996 through 29 August 1999, attaining the rank/grade of SPC/E-4.  Her record is void of any derogatory/disciplinary actions or a commander's disqualification that would have precluded her from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award her the Army Good Conduct Medal (1st Award) for the period 30 August 1996 through 29 August 1999 and to correct her DD Form 214 to show this award.

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:

* deleting from item 12f of her DD Form 214 current entry and replacing it with the entry "0000  03  02"
* awarding her the Army Good Conduct Medal (1st Award) for the period 30 August 1996 through 29 August 1999
* adding to item 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* NATO Medal

* adding to item 18 of her DD Form 214 the entry "SERVICE IN BOSNIA FROM 19970707 - 19971006"



      ___________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)                                         AR20120018424



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ABCMR Record of Proceedings (cont)                                         AR20120018424



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