IN THE CASE OF:	  

		BOARD DATE:  16 January 2014

		DOCKET NUMBER:  AR20130007659 


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 records to show award of the:

* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Overseas Service Ribbon (2nd Award)

2.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Bosnia.

3.  The applicant states he served in Bosnia from September 1999 to March 2000, a period of 7 months.  His DD Form 214 does not show this foreign service and he did not get overseas credit for that tour.  Additionally, he did not receive the proper award for that overseas service or an Army Good Conduct Medal for his 3 years of service. 

4.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* Permanent Orders Number BR038-22
* DA Form 638 (Recommendation for Award)
* Multiple Leave and Earnings Statements
* Certificate of Appreciation
* Two Certificates of Achievement

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 7 January 1998 and he held military occupational specialty 11C (Indirect Fire Infantryman).  

3.  He served in Panama in a permanent change of station (PCS) status from 15 May 1998 to 3 May 1999 and he was credited with a tour completion.  

4.  He was honorably released from active duty on 6 January 2001.  He completed 3 years of creditable active service with no lost time and he was fully eligible to reenlist.  His DD Form 214 shows in:

* item 12f (Foreign Service) – "0000-11-19"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, Army Achievement Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon, and Air Assault Badge
* item 18 (Remarks) – no deployed service to Bosnia 

5.  An email, dated 16 May 2013, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received hostile fire/imminent danger pay (HF/IDP) from 2 September 1999 to 28 March 2000 for service in Bosnia. 

6.  The applicant provides:

	a.  A Certificate of Appreciation, issued by Headquarters, 1st Battalion, 16th Infantry, recognizing his dedication to duty to the 2nd Brigade Task Force while assigned as part of the Security Force in Bosnia Herzegovina. 

	b.  A Certificate of Achievement, dated 31 January 2000, issued by the brigade commander recognizing his service in Bosnia in support of Operation Joint Forge from 15 to 31 January 2000. 

	c.  A Certificate of Achievement, issued by his company commander recognizing his service in Bosnia in support of Operation Joint Forge from 6 November to 6 December 1999. 

	d.  A DA Form 638, dated 2 February 2000, awarding him the Army Achievement Medal, for service from 1 September 1999 to 28 March 2000 in Bosnia.  

	e.  Leave and Earnings Statements from October 1999 through March 2000 showing receipt of HF/IDP. 

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal 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 Forge from 21 June 1998 to a date to be determined.  

8.  His service record does not contain any derogatory information in the form of lost time, nonjudicial punishment, or a record of court-martial.  Likewise, his service record is void of a commander's disqualification memorandum denying him the Army Good Conduct Medal. 

9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 continuous years of active service 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 Overseas Service is awarded for successful completion of overseas tours.  Bosnia is not a permanent duty station but may be considered similar to a restricted tour where tour credit is given for completion of 12 months. 

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.  The applicant served in Panama from 15 May 1998 to 3 May 1999, a period of 11 months and 19 days.  He also served in Bosnia from 2 September 1999 to 28 March 2000, a period of 6 months and 27 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show his total foreign service of 1 year, 6 months, and 15 days and item 18 to show his Bosnia service.  

2.  His service in Bosnia entitled him to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.  

3.  He was not credited with an overseas tour for his service in Bosnia since he did not complete 12 months of service.  Therefore, he is not entitled to a second award of the Overseas Service Ribbon.  

4.  He served honorably on active duty during the period 7 January 1998 through 6 January 2001.  He completed 3 years of creditable active service with no lost time.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Forms 214 to show 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 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:

* deleting from item 12f the entry "0000-11-19" and adding the entry    "0001-06-15"
* awarding him the Army Good Conduct Medal (1st Award) for the period 7 January 1998 through 6 January 2001
* adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal and Army Good Conduct Medal (1st Award)
* adding to item 18 the entry "Service in Bosnia 19990902- 20000328"

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 a second award of the Overseas Service Ribbon. 




      _______ _  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)                                         AR20130007659



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ABCMR Record of Proceedings (cont)                                         AR20130007659



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