IN THE CASE OF:  

		BOARD DATE:  11 June 2014

		DOCKET NUMBER:  AR20130018314


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 Commendation Medal (ARCOM), Army Achievement Medal (AAM), and North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states his records were not updated.

3.  The applicant provides:

* DA Form 638 (Recommendation for Award) approved in Permanent Order Number 271-016 issued by the Commander, Task Force 1-41st Infantry, Camp Dobol, Bosnia-Herzegovina, on 5 November 1997 with corresponding DA Form 4980-18 (AAM Certificate)
* DA Form 638 approved in Permanent Order Number 055-003 issued by Headquarters, 3rd Brigade, 1st Armored Division, Fort Riley, KS, on 24 February 1999 with corresponding DA Form 4980-14 (ARCOM Certificate)
* NATO Medal Certificate for the period 30 March 1997 through 6 October 1997

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 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 16 June 1995, the applicant enlisted in the Regular Army.  He completed initial entry training and was awarded military occupational specialty 45E (Turret Mechanic).

3.  Task Force 1-41st Infantry, Camp Dobol, Bosnia-Herzegovina, Permanent Order Number 271-016, dated 5 November 1997, awarded him the AAM for meritorious service in support of Operation Joint Guard during the period 31 March 1997 through 4 October 1997.

4.  Headquarters, 3rd Brigade, 1st Armored Division, Fort Riley, KS, Permanent Order Number 055-003, dated 24 February 1999, awarded him the ARCOM for meritorious service while assigned to Alpha and Bravo Companies, 1st Battalion, 13th Armor Regiment, Fort Riley, KS, during the period 1 November 1995 through 15 June 1999.

5.  On 15 June 1999, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 for this period shows in:

	a.  item 12f (Foreign Service), the entry "0000  00  00," indicating 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 Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  item 18 (Remarks), no deployments or participation in any named operations.

6.  He provided a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia; specifically, Operation Joint Guard in Bosnia-Herzegovina from 30 March 1997 through 6 October 1997, a period of 6 months and 7 days.

7.  Military Personnel Message 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 Operation 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 period 20 December 1996 to 20 June 1998 (Operation Joint Guard).

8.  Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established 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, the Military Personnel Records Jacket.

	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's request for correction of his DD Form 214 to show he was awarded or authorized the ARCOM, AAM, and NATO Medal was carefully considered.

2.  Permanent orders awarded him the ARCOM and AAM which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He provided a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO in Bosnia-Herzegovina from 30 March 1997 through 6 October 1997.  This foreign service is not represented on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this service.

4.  He is authorized award of the Armed Forces Service Medal and Armed Forces Expeditionary Medal for his service in support of Operation Joint Guard.  These medals are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

5.  Additionally, it would be appropriate to amend item 18 of his DD Form 214 to show his participation in Operation Joint Guard.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 replacing it with the entry "0000  06  07";

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

* ARCOM
* AAM
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* NATO Medal


	c.  adding the entry ""SERVICE IN BOSNIA-HERZEGOVINA FROM 19970330-19971006" to item 18 of his DD Form 214.



      _______ _   _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)                                         AR20130018314



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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