IN THE CASE OF:	

		BOARD DATE:	     6 May 2014

		DOCKET NUMBER:  AR20130015785 


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 in 1998 and 1999
* he was awarded or authorized the North Atlantic Treaty Organization (NATO) Medal, the Humanitarian Service Medal, and the Armed Forces Expeditionary Medal for that service

2.  The applicant states he was told this type of thing [omission of entries] happens often to members of the first units that deploy in support of a particular operation.  He states he was part of the first group of units that deployed to Bosnia-Herzegovina from the United States.

3.  The applicant provides no additional evidence in support of his request.

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.  On 20 March 1997, the applicant enlisted in the Regular Army.  He completed his initial entry training and was awarded military occupational specialty 45E (M1 [Abrams Tank] Turret Mechanic).

3.  On 19 March 2001, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 4 years of net active service.  This form also shows the following entries:

   a. Item 12f (Foreign Service) he was not credited with the completion of any foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Army Achievement Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Army Lapel Button.

   c. Item 18 (Remarks) does not show he deployed to or participated in any named operations.

4.  His records are void of a foreign award certificate showing he was awarded or authorized the NATO Medal for service in Bosnia-Herzegovina.

5.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 11 August 2011, confirms the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 4 September 1998 through 15 March 1999 for service in Bosnia-Herzegovina.

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

   a. The NATO Medal is awarded by the Secretary-General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  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 specific NATO operations.  Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined) and Kosovo (13 October 1998 to a date to be determined) are approved by the Secretary of Defense for acceptance and wear of the NATO Medal.

   b. The Humanitarian Service Medal is awarded for 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.  According to Army Regulation 600-8-22, Table  C-1 (Department of Defense and Department of the Army Approved Humanitarian Service Medal Operations), the Humanitarian Service Medal was not awarded or authorized for service in Bosnia-Herzegovina in either 1998 or 1999.

   c. 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 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.  

7.  Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  

   a. Item 12f documents foreign service performed during the period covered by the DD Form 214, as verified by either the Soldier’s Enlisted Qualification Record or, if necessary, their Military Personnel Records Jacket (MPRJ).

   b. Item 18 documents a Soldier's participation in foreign deployments in support of named operations.  For active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" was entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his foreign service in Bosnia-Herzegovina in 1998 and 1999, and to show he was awarded or authorized the NATO Medal, the Humanitarian Service Medal, and the Armed Forces Expeditionary Medal for that service.  
2.  The evidence of record shows he deployed to Bosnia-Herzegovina from         4 September 1998 through 15 March 1999, a period of 6 months and 12 days.  This period of foreign service is not reflected on his DD Form 214; therefore, his DD Form 214 should be corrected to show this service.

3.  He served a qualifying period of service for award of the Armed Forces Expeditionary Medal.  This medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

4.  He contends his DD Form 214 should be corrected to show he was awarded or authorized the NATO Medal and the Humanitarian Service Medal.

   a. His record is void of, and he failed to submit as evidence, a foreign award certificate showing he was awarded or authorized the NATO Medal for service in Bosnia-Herzegovina.  Absent a foreign certificate from the Secretary General of NATO as proof of his award of the NATO Medal, there is an insufficient basis to grant this portion of the requested relief. 

   b. The Humanitarian Service Medal was not awarded or authorized for service in Bosnia-Herzegovina in 1998 and 1999.  Accordingly, he is not entitled to this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  With regard to the new issue, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a. Amending item 12f of his DD Form 214 to delete the current entry and replace it with "0000-06-12";

   b. Amending item 13 of his DD Form 214 to add the Armed Forces Expeditionary Medal; and 

   c. Amending item 18 of his DD Form 214 to add the entry ""SERVICE IN BOSNIA-HERZEGOVINA FROM 4 SEPTEMBER 1998 THROUGH 15 MARCH 1999."

2.  The Board further determined 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 correcting his DD Forms 214 to show he was awarded or authorized the NATO Medal or 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)                                         AR20110008018



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ABCMR Record of Proceedings (cont)                                         AR20130015785



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