IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130008994 


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 foreign service, award of the Armed Forces Expeditionary Medal, and other award entitlements.

2.  The applicant states:

* he was deployed with Company C, 2nd Battalion, 14th Infantry Regiment to Bosnia during Operation Joint Guard for the period 19 March 1997 through 6 November 1997
* his DD Form 214 does not show any foreign service, award of the Armed Forces Expeditionary Medal, or any other decoration that might have been awarded

3.  The applicant provides:

* 2 DA Forms 638 (Recommendation for Award)
* 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 25 July 1996.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  He provides:

   a.  A DA Form 638, dated 15 August 1997, showing he was awarded the Army Achievement Medal for the period 19 March through 6 November 1997 for meritorious achievement while deployed in support of Operation Joint Guard, Bosnia.

   b.  A DA Form 638, dated 21 September 1998, showing he was awarded the Army Commendation Medal for the period November 1997 through November 1998 for exceptionally meritorious service while serving as a rifleman in Company C and as the Battalion Commander's Radio Telephone Operator in Headquarters Company, 2nd Battalion, 14th Infantry.

4.  On 13 November 1998, he was honorably released from active duty in the rank/grade of specialist/E-4.  His DD Form 214 shows he completed 2 years, 3 months, and 19 days of creditable active military service with no lost time.  His DD Form 214 also shows in:

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

*	Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal
* Army Commendation Medal
* Army Achievement Medal
* Humanitarian Service Medal
* Army Service Ribbon

5.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  
6.  Coordination with the Defense Finance and Accounting Service on the applicant's Master Military Pay Account shows he received the following for his deployment to Bosnia:

* hazardous fire pay/imminent danger pay for the period 24 March 1997 through 27 October 1997
* combat zone tax exclusion for the period 23 July 1997 through 27 October 1997

7.  On 14 November 1998, the applicant enlisted in the Army National Guard of the United States for a period of 5 years.  On 24 October 2001, he was honorably discharged.

8.  Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to DOD and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

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

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


	b.   The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* each 3 years completed on or after 27 August 1940
* for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  

   a.  The instructions for completing item 12f are to enter, from the Enlisted Record Brief, the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

   b.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Bosnia from 19 March to 6 November 1997 in support of Operation Joint Guard and award of the Armed Forces Expeditionary Medal and any other decoration that may have been awarded.

2.  His stated period of service in Bosnia is slightly inconsistent with his pay records which show he received HFP/IDP for service in Bosnia from 24 March through 27 October 1997.  His service in Bosnia is not in question.  His dates of arrival or departure, on the other hand, remain problematic.  It appears his pay records depict a more accurate set of dates.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Bosnia from 24 March through 27 October 1997.

3.  The applicant served a qualifying period of service for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant served honorably during the period 25 July 1996 through 13 November 1998.  His record is void of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 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:

	a.  Awarding him the Army Good Conduct Medal (1st Award) for the period 25 July 1996 through 13 November 1998.

	b.  Adding to his DD Form 214 in:

		*	Item 12f the entry "0000  07  04"

		*	Item 13 award of the:

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

*	Item 18 the entry "SERVICE IN BOSNIA FROM 19970324 - 19971027"

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 granting foreign service credit in Bosnia for the period 19 March through 6 November 1997.




      _______ _  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)                                         AR20130008994



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ABCMR Record of Proceedings (cont)                                         AR20130008994



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