BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120021121 


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 following awards:

* two Army Achievement Medals
* Armed Forces Expeditionary Medal
* North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states:

* he deployed to Bosnia from September 1998 to June 1999 in support of Operations Joint Endeavor/Joint Forge
* he served at Camp Demi, Bosnia, with Company B, 2nd Battalion, 5th Cavalry
* he tried to find records from his brigade, battalion, and company, but he could not find anyone to help him
* he was attached to Company B, 2nd Battalion, 5th Cavalry and deployed to Kuwait in 1997 and to Bosnia in 1998
* he never received orders for any medals or these deployments
* there are other personnel whom he served with who state they received the Armed Forces Expeditionary Medal and NATO Medal for Bosnia

3.  The applicant provides his DD Form 214, Standard Form 50B (Notification of Personnel Action), separation orders, and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

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 for a period of 3 years on 30 October 1996 and he held military occupational specialties 11M (Bradley Fighting Vehicle Infantryman) and 95B (Military Police).

3.  His records show he was initially assigned to Company B, 2nd Battalion, 5th Infantry, Fort Hood, TX, in or about March 1997.

4.  He executed a 3-year reenlistment on 5 February 1999.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his place of enlistment/reenlistment as Company B, 2nd Battalion, 5th Cavalry, Operation Joint Forge, Camp Demi, Bosnia.

5.  Permanent Orders Number 065-02 issued by Headquarters, 2nd Battalion, 5th Cavalry, Fort Hood, TX, dated 6 March 1998, awarded him the Army Achievement Medal for meritorious achievement from 21 to 22 January 1998.

6.  He was discharged under honorable conditions on 27 April 2001 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b.  His DD Form 214 shows he completed 4 years, 5 months, and 28 days of total active service.  This form also shows in:

* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon
* item 18 (Remarks) – no deployed service to Bosnia or Kuwait

7.  He enlisted in the Army National Guard on 8 November 2005 and he was honorably discharged on 9 May 2009.  His NGB Form 22 shows two awards of the Army Achievement Medal among other awards.
8.  His military records do not contain orders awarding him a second Army Achievement Medal or a certificate signed by the NATO Secretary General confirming award of the NATO Medal.

9.  An email from Defense Finance and Accounting Service, Indianapolis, IN, dated 5 December 2012, confirms the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) from 12 June 1997 to 22 September 1997 for service in Kuwait and from 30 August 1998 to 17 March 1999 for service in Bosnia.

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

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

	b.  The NATO Medal was authorized by the Secretary General of 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 NATO Secretary General.  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.

	c.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states:

* for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* for item 18, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Achievement Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although there are two awards of the Army Achievement Medal listed on his NGB Form 22, there is no evidence in his records and he did not provide any evidence that shows he was recommended for or awarded a second Army Achievement Medal during his Regular Army service.  Therefore, there is insufficient evidence to add a second Army Achievement Medal to his DD Form 214.

3.  With respect to the NATO Medal, the NATO Medal is awarded to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations by the NATO Secretary General.  Awarding the NATO Medal is outside the purview of the ABCMR.

4.  The applicant's pay records confirm he received HFP/IDP for service in Kuwait from 12 June 1997 to 22 September 1997, a period of 3 months and 10 days.  His DD Form 214 should be corrected to show this foreign service in item 12f and item 18.

5.  The applicant's pay records show he received HF/IDP for service in Bosnia from 30 August 1998 to 17 March 1999, a period of 6 months and 13 days.  His DD Form 214 should be corrected to show this foreign service in item 12f and item 18.  

6.  Although he served in Bosnia from 30 August 1998 to 1 March 1999, qualifying service for the Armed Forces Expeditionary Medal includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor/Joint Guard from 1 June 1992 to 20 June 1998.  He did not serve a qualifying period of service for this award. 





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:

* deleting the entry "0000-00-00" from item 12f of his DD Form 214 and replacing it with the entry "0000-09-23"
* adding the Army Achievement Medal to item 13 of his DD Form 214
* adding the entries "SERVICE IN KUWAIT FROM 19970612-19970922" and "SERVICE IN BOSNIA FROM 19980830-19990317" to item 18 of his DD Form 214

2.  The Board further determined 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 a second award of the Army Achievement Medal, Armed Forces Expeditionary Medal, and 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)                                         AR20120020208



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ABCMR Record of Proceedings (cont)                                         AR20120021121



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