IN THE CASE OF:	  

		BOARD DATE:  20 June 2013

		DOCKET NUMBER:  AR20120021993 


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 service in Bosnia and award of the Armed Forces Expeditionary Medal and North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he did not realize the error until he submitted his discharge to his current employer for military credit toward retirement.

3.  The applicant provides:

* Certificate of Achievement
* Orders 075-051
* 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 enlisted in the Regular Army on 16 July 1998.  He completed training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).  He was subsequently assigned to Company B, 1st Battalion, 16th Infantry Regiment, Fort Riley, KS.

3.  The applicant's record contains an Army Achievement Medal Certificate showing Permanent Orders Number 060-004, 1st Battalion, 16th Infantry Regiment, dated 1 March 1999, awarded him the Army Achievement Medal for outstanding performance as a member of Task Force 1-16th Opposition Force during 1st Battalion's Gauntlet Exercise from 11 January 1999 to 5 February 1999.

4.  He was released from active duty on 15 July 2001 in the rank/grade of specialist (SPC)/E-4 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation.  His DD Form 214 shows he completed 3 years of total active service.  This form also shows the following entries:

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

5.  Information obtained from the Defense Finance and Accounting Service (DFAS) confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 28 August 1999 to 22 March 2000 for service in Bosnia-Herzegovina, a period of 6 months and 25 days.

6.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal.

7.  The applicant provides a Certificate of Achievement from the 4th Battalion, 31st Infantry Regiment "Polar Bears," stating he was instrumental in the completion of the Task Force mission in Bosnia-Herzegovina.

8.  He also provides Orders 075-051, Headquarters, Multinational Division (North), Tuzla, Bosnia-Herzegovina, dated 20 March 2000, releasing him from deployment effective 21 March 2000 and further authorizing him award of the NATO Medal and Armed Forces Expeditionary Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, the Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states 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.

10.  Army Regulation 600-8-22 states 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.

11.  Military Personnel Message Number 99-157 implemented policy to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the Armed Forces Expeditionary Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the Armed Forces Service Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge under any circumstance.

12.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.

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

	b.  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.  The applicant's request for correction of his DD Form 214 to show his service in Bosnia and award of the Armed Forces Expeditionary Medal and NATO Medal was carefully reviewed and found to have merit.

2.  DFAS confirmed the applicant received HFP/IDP associated with deployment to Bosnia-Herzegovina from 28 August 1999 through 22 March 2000, a period of 6 months and 25 days.  Therefore, his DD Form 214 should be corrected to show 6 months and 25 days of foreign service.

3.  Additionally, based on his confirmed deployment to Bosnia-Herzegovina, he is entitled to correction of his DD Form 214 to show this deployment.

4.  The evidence shows the applicant completed a qualifying period of service for award of the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

5.  Permanent Orders Number 060-004, 1st Battalion, 16th Infantry Regiment, dated 1 March 1999, awarded the applicant the Army Achievement Medal; therefore, he is also entitled to correction of his DD Form 214 to show this award.

6.  Orders 075-051, Headquarters, Multinational Division (North), Tuzla, Bosnia-Herzegovina, dated 20 March 2000, show the applicant was authorized award of the NATO Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  The evidence of record confirms the applicant served honorably on active duty during the period 16 July 1998 through 15 July 2001 and he was advanced to the rank/grade of SPC/E-4 during this period.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is also no evidence of a suspension of favorable personnel actions or a commander's disqualification for award of the Army Good Conduct Medal.  Lacking any derogatory information which would have precluded the applicant from being awarded the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 16 July 1998 through 15 July 2001 and to correct his 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 July 1998 through 15 July 2001;

	b.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  06  25";

	c.  adding award of the Army Achievement Medal, Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, and NATO Medal to item 13 of his DD Form 214; and

	d.  adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990828-20000322" to item 18 of his DD Form 214.



      _______ _  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)                                         AR20120021993



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ABCMR Record of Proceedings (cont)                                         AR20120021993



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