IN THE CASE OF:	  

		BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20130011707 


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 service in Bosnia
* Army Achievement Medal (AAM)
* Army Commendation Medal (ARCOM)
* North Atlantic Treaty Organization (NATO) Medal

2.  He states he would like his DD Form 214 to be corrected because he "put the time in and earned the awards."

3.  He provides an AAM and ARCOM certificate.

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 16 September 1993.  He was honorably released from active duty on 11 September 1998.  He was credited with completing 4 years, 11 months, and 26 days of active duty service.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from 9 October 1994 to 8 October 1997 and credits him with completing a 36-month tour.

4.  His DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "0003  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal 
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar (9mm)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

* Item 18 (Remarks) no deployment entry

5.  The ARCOM certificate the applicant provided contains Permanent Orders Number 30-21, issued by Headquarters, 1st Brigade, 1st Armor Division, dated 30 January 1997.  It shows he was awarded the ARCOM for meritorious service during the period 10 November 1994 to 12 January 1997.

6.  The AAM certificate the applicant provided contains Permanent Orders Number 97-9, issued by Headquarters, 4th Battalion, 67th Armor Regiment, dated 30 September 1996.  It shows he was awarded the AAM for meritorious achievement while deployed to Bosnia-Herzegovina in support of Operation Joint Endeavor from 14 February 1996 to 20 August 1996.  

7.  Permanent Orders 17-5, dated 4 February 1997, contained in his military personnel file, show he was awarded the Diver's Badge - T (for tracked vehicles) for the period 1 January 1996 to 1 December 1996.


8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 
2 February 1996 through 29 August 1996 while assigned in Croatia.  

9.  His record is void of a certificate signed by the NATO Secretary General confirming award of the NATO Medal.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The NATO Medal was authorized by the Secretary General of 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 NATO Secretary General.  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.

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

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the ARCOM, AAM, and the Driver-T Badge which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  DFAS verified he received hostile fire pay/imminent danger pay and a combat zone tax exemption from 2 February 1996 through 29 August 1996 while assigned in Croatia.  DFAS commonly recorded the place of deployment as Croatia (the place of initial arrival in theater) without ever updating their records to show final place of deployment (i.e., Bosnia).  His statement and the AAM certificate are accepted as evidence that he actually served in Bosnia.  Therefore, item 18 of his DD Form 214 should be corrected accordingly.

3.  With respect to the NATO Medal, the NATO Medal is awarded to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations by the NATO Secretary General.  Awarding the NATO Medal is outside the purview of the ABCMR.  If he can provide his NATO Medal Award Certificate, he may apply for reconsideration.

4.  The evidence of record shows he served in Bosnia in support of Operation Joint Endeavor from 2 February 1996 through 29 August 1996.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of 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.  adding to item 13 of his DD Form 214 the:
   
* Army Commendation Medal
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Driver-T Badge
   
	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19960202 - 19960829."

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 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)                                         AR20130011707





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ABCMR Record of Proceedings (cont)                                         AR20130011707



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