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ARMY | BCMR | CY2013 | 20130004396
Original file (20130004396.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130004396 


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, in effect, reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Bosnia-Herzegovina.  He also requests correction of his DD Form 214 to show award of the North Atlantic Treaty Organization (NATO) Medal and issuance of the medal.

2.  He states he earned these corrections based upon his service in Bosnia and they are critical in his claim with the Department of Veterans Affairs.

3.  He provides his DD Form 214 and a NATO Medal Certificate.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080018259 on 3 February 2009.

2.  The applicant enlisted in the Regular Army on 25 March 1999.  He was trained in and awarded military occupational specialty 12B (Combat Engineer).  He was discharged from the Army on 18 June 2001 upon completion of 2 years, 2 months, and 12 days with an under honorable conditions (General) characterization of service.

3.  His Army Military Human Resource Record (AMHRR) is void of any evidence showing he deployed to Bosnia-Herzegovina.

4.  The applicant's DD Form 214 shows in:

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

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

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	c.  Item 18 (Remarks) no deployment entries.

5.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Bosnia-Herzegovina from 31 August 1999 through 12 December 1999, a period of 3 months and 13 days.

6.  The applicant provides a certificate which shows the NATO Secretary General awarded him the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 1 September 1999 through 15 December 1999.

7.  A review of the unit history of 1st Engineer Battalion shows that on 30 August 1999, the battalion deployed to Bosnia and Herzegovina in support of the Stabilization Force (SFOR).  SFOR was a NATO-led, multinational peacekeeping force deployed to Bosnia and Herzegovina after the Bosnian war.  The unit began redeploying on 12 December 1999.  During the deployment, the battalion helped provide a stable and secure environment in the area.  To this end, the battalion conducted reconnaissance of over 1,230 kilometers of routes and 298 bridges; destroyed 116,000 anti-personnel land mines; constructed 30 kilometers of roads and 5 bridges; supervised Entity Armed Forces' clearance of more than 43,000 square miles of minefields; and distributed toys, clothing, and humanitarian aid to Bosnian children and homeless families. 

8.  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.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.

9.  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.  In establishes standardized policy for the preparation of the DD Form 214.  It states that 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 that 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.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

	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.  The applicant's contentions that his DD Form 214 should be corrected to show award of the NATO Medal and his foreign service in Bosnia-Herzegovina was carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Bosnia-Herzegovina from 31 August 1999 through 12 December 1999, a period of 3 months and 13 days.  Therefore, his DD Form 214 should be corrected to show his total period of foreign service.

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

4.  Evidence shows the applicant completed a qualifying period of service for entitlement to the NATO Medal and it was subsequently awarded to him by the appropriate authority.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

5.  The NATO Medal is not a U.S. award and will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  Therefore, it is presumed the applicant was properly presented a NATO Medal prior to his departure from Bosnia-Herzegovina.  In view of the foregoing, NATO Medals are not issued by the ABCMR.  However, the applicant may obtain his replacement medal by purchasing it from any number of civilian dealers in military insignia that sell medal sets on internet websites or in military surplus stores.

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 pertains to correcting his DD Form 214 to show his foreign service, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20080018259, dated 3 February 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the current entry from item 12f of his DD Form 214 and adding the entry "0000  03  13";

	b.  adding the North Atlantic Treaty Organization Medal to item 13 of his DD Form 214; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990831-19991212."

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 issuing him a 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)                                         AR20130004396





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ABCMR Record of Proceedings (cont)                                         AR20130004396



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