IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130010395 


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 in Bosnia-Herzegovina and award of the Armed Forces Expeditionary Medal.

2.  He states he served in Bosnia-Herzegovina, but neither the medal nor the deployment are reflected on his DD Form 214.  He presumed the medal was in his records at the National Personnel Records Center and did not discover this error until recently when he was applying for veterans benefits.

3.  He provides:

* his DD Form 214
* four certificates

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 18 July 1989.  He completed initial entry training followed by Basic Airborne Training and he was assigned to Fort Bragg, NC on 2 March 1990.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 5 (Oversea Service) that:

		(1)  he deployed to Southwest Asia from 28 August 1990 through 3 April 1991, a period of 7 months and 7 days;

		(2)  he arrived in Italy on a permanent change of station on 8 June 1992; and 

		(3) there is no indication he deployed to Bosnia-Herzegovina.

	b.  item 9 (Awards, Decorations and Campaigns), no indication of the Armed Forces Expeditionary Medal.

	c.  item 35 (Current and Previous Assignments), that following his arrival in Italy on 8 June 1992, he was stationed in Italy until he was released from active duty (REFRAD) on 19 April 1997, for a period of 4 years, 10 months, and 12 days.

4.  On 19 April 1997, he was honorably released from active duty after completing 7 years, 9 months, and 2 days of creditable active service.  The DD Form 214 he was issued at the time of his separation shows in:

	a.  item 12f (Foreign Service), the entry "0004  10  12" indicating he completed a total of 4 years, 10 months, and 12 days of foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), award of the Armed Forces Service Medal, but no indication of award of the Armed Forces Expeditionary Medal; and

	c.  item 18 (Remarks), that he deployed to Southwest Asia from 28 August 1990 to 3 April 1991, but no indication that he deployed to Bosnia-Herzegovina.


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 25 December 1995 to 17 February 1996, a period of 1 month and 24 days.

6.  The applicant provides a/an:

	a.  North Atlantic Treaty Organization (NATO) certificate which shows he was awarded the NATO Medal for service in relation to the former Yugoslavia (Bosnia-Herzegovina) during the period 24 December 1995 to 17 February 1996.

	b.  DA Form 4980-14 (Army Commendation Medal Certificate) which shows he was awarded the Army Commendation Medal for outstanding achievement with the NATO-led International Forces in Bosnia-Herzegovina from 14 December 1995 to 17 February 1996.

	c.  3d Battalion, 325th Infantry Airborne Battalion Combat Team (ABCT) Certificate of Achievement which was presented to him in recognition of outstanding achievement and support of the ABCT during Operation Joint Endeavor in the Former Republic of Yugoslavia (Bosnia-Herzegovina).

	d.  Operation Joint Endeavor, Headquarters, U.S. Army, Europe and Seventh Army, Scroll of Appreciation which was presented to him for outstanding service in support of the successful deployment and sustainment of Operation Joint Endeavor forces in the Former Republic of Yugoslavia (Bosnia-Herzegovina).

7.  Army Regulation 600-8-22 (Military Awards) 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.  Qualifying service for this award includes participation in the former Republic of Yugoslavia (only for participants deployed in Bosnia-Herzegovina and Croatia) in support of Operation Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998.

8.  Military Personnel Message (MILPER) Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense 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 during the periods 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  
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 of Army Regulation 635-5 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; and

	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 his deployment to Bosnia-Herzegovina and award of the Armed Forces Expeditionary Medal were carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Bosnia-Herzegovina from 25 December 1995 to 17 February 1996, a period of 1 month and 24 days.  

3.  The evidence shows he deployed to Southwest Asia from 28 August 1990 through 3 April 1991, a period of 7 months and 7 days.  He was also stationed in Italy from 8 June 1992 through 19 April 1997, for a period of 4 years, 10 months, and 12 days (during which time he deployed to Bosnia-Herzegovina).  Which brings him to a total of 5 years, 5 months, and 19 days of foreign service.  Therefore, his DD Form 214 should be corrected to show his total period of foreign service.

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

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting the current entry from item 12f of his DD Form 214 and adding the entry "0005  05  19";

	b.  adding the Armed Forces Expeditionary 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 19951225-19960217."



      _______ _  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)                                         AR20130010395



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ABCMR Record of Proceedings (cont)                                         AR20130010395



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