BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130009060 


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 award of the:

* Army Good Conduct Medal (AGCM)
* 4 Army Achievement Medals (AAM)
* Humanitarian Service Medal (HSM)
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Expeditionary Medal (AFEM)
* Kosovo Campaign Medal (KCM)
* Overseas Service Ribbon (OSR)

2.  The applicant states, in effect, that his chain of command did not do their duty.  He was very upset about receiving a general discharge and just wanted to go home and get on with his life so he did not question the omission of these awards.  At the time of his out-processing, he was told that his medals were already shipped.

3.  The applicant provides:

* DD Form 214
* Certificate of Training, Fuel Handler Course
* DA Form 638 (Recommendation for Award) (3)
* AAM Certificate (4)
* NATO Certificate
* Oath of Reenlistment
* Honorable Discharge Certificate
* Petroleum Supply Specialist Course Diploma 
* Leave and Earnings Statement (2)
* Department of Veterans Affairs Memorandum, dated 22 April 2013
* Conditional Sales Person Real Estate License
* multiple certificates of participation, appreciation, training, and achievement
* multiple photographs and identification cards

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 22 August 1996.  He completed training and was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows his tour completion date as 8 May 2002 (36 months).  He served in Germany from 9 May 1999 to 23 May 2001 with Headquarters and Headquarters Company, 16th Engineer Battalion.

4.  Permanent Order (PO) Number 060-112, issued by Detachment C, 55th Personnel Services Battalion, Germany, dated 1 March 2000, awarded him the Army Good Conduct Medal for the period 22 August 1996 to 21 August 1999.

5  He was discharged under honorable conditions on 23 May 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, 9 months, and 2 days of total active service.  This form also shows in:

* item 12f (Foreign Service) – "0002  00  15"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon
* Item 14 (Military Education) completion of the Petroleum Vehicle Operations Course and the Petroleum Supply Specialist course
* item 18 (Remarks) – shows he had continuous honorable service from
22 August 1996 to 10 May 2001 with no deployed service to Bosnia

6.  He provides:

	a.  A certificate of training completion for the Fuel Handler Course from 
5-9 May 1997 (40 hours) at Fort Hood Texas;

	b.  A NATO Medal certificate for service with NATO on operations in relation to Bosnia-Herzegovina from 3 September 1998 to 15 March 1999;

	c.   PO Number 135-05, issued by Headquarters, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Fort Hood, TX, on 15 May 1998, awarding him the AAM for achievement from 31 March to 1 May 1998.

	d.  PO Number 331-001, issued by Headquarters, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Operation Joint Forge, Bosnia-Herzegovina, on 16 November 1998, awarding him the AAM with oak leaf cluster for service from 13 March 1997 to 30 April 1999.

	e.  PO Number 022-031, issued by the same unit listed above, on 22 January 1999, awarding him the AAM with oak leaf cluster for service from 1 October 1998 to 17 March 1999.

	f.  PO Number 273-97, issued by Headquarters, 1st Battalion, 36th Armored Infantry, on 21 December 2000, awarded him the AAM for achievement from 
7 June to 7 December 2000 while he served as a member of Task Force Falcon 2A, in Multinational Brigade (East), Kosovo Force (KFOR) in support of Operation Joint Guard.

	g.  Various certificates of achievement, appreciation, and training.

7.  His Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 1 September 1998 through 17 March 1999 (6 months and 
13 days) for service in Bosnia-Herzegovina.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE).  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

	b.  Military Personnel Message (MILPER) 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.

	c.  The Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 does not show that this medal was authorized for any operation in Bosnia.

	d.  The OSR is awarded for successful overseas tour completion.

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

	a.  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.

	b.  Item 14 shows formal in-service training courses (full time attendance) completed during the period covered by the DD Form 214; combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the:

* AGCM
* 4 AAM
* HSM
* NATO Medal
* AFEM
* KCM
* OSR

2.  Permanent orders awarded him the AGCM for the period 22 August 1996 to 21 August 1999.

3.  Permanent orders  awarded him four AAMs; therefore, he is also entitled to correction of his DD Form 214 to show the AAM (4th award).

4.  DFAS confirmed the applicant received HF/IDP and CZTE for service in Bosnia from 1 September 1998 through 17 March 1999.  Therefore, his DD Form 214 should be corrected to show this foreign/deployed service.  He is entitled to correction of his DD Form 214 to show this deployment.

5.  Orders show he served with KFOR in support of Operation Joint Guard and he completed a qualifying period of service for award of the AFEM.  Therefore, his DD Form 214 should be corrected to show this service medal.

6.  He received the NATO Medal for service in support of operations in Bosnia-Herzegovina during the period 3 September 1998 to 15 March 1999; therefore, it would be appropriate to add this award to his record and DD Form 214.
7.  He served as a part of a Task Force with 1st Battalion, 36th Armored Infantry Regiment in Multinational Brigade (East) KFOR and he was awarded the AAM for the period 7 June to 7 December 2000.  This is a qualifying period of service for the Kosovo Defense Campaign.  As such, he is entitled to have the KCM with one bronze service star.

8.  The applicant provided numerous training certificates and regulatory guidance states to list full time formal in-service courses, excluding combat skills courses, on the DD Form 214.  He completed a 40-hour Fuel Handler Course in May 1997.  It would be appropriate to add this military education to his DD Form 214.

9.  There is no provision for awarding the HSM for operations in Bosnia.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

10.  He failed to complete his 36-month assignment in Germany; therefore, he is not authorized the OSR.

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.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Achievement Medal (4th award)
* Kosovo Campaign Medal with bronze service star
* Armed Forces Expeditionary Medal
* North Atlantic Treaty Organization Medal

	b.  adding to item 14 of his DD Form 214 the Fuel Handler Course, 1 week, 1997
	c.  adding to item 18 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19980901-19990317" 

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 the Overseas Service Ribbon and the Humanitarian Service 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)                                         AR20130009060





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