IN THE CASE OF:	  

		BOARD DATE:	19 June 2014

		DOCKET NUMBER:  AR20130018334 


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 a second period of foreign service in Bosnia-Herzegovina.

2.  The applicant states his 2nd deployment to Bosnia-Herzegovina is not shown on his DD Form 214 and he is unable to find his original orders to document that  period.

3.  The applicant provides a copy of his DD Form 214 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 13 June 1994, the applicant enlisted in the Regular Army.  He completed his initial entry training, and he was awarded military occupational specialty 13B (Cannon Crewmember).

3.  His record shows he served in the Federal Republic of Germany from on or about 9 January 1996 through on or about 8 January 1999.  During this period of service, he was assigned to 2nd Battalion, 3rd Field Artillery Regiment, as part of the 1st Armored Division.

4.  Permanent Orders Number 11-77, issued by Headquarters, 2nd Battalion, 3rd Field Artillery Regiment on 12 December 1996, awarded him the AAM for meritorious service while assigned to 2nd Battalion, 3rd Field Artillery Regiment during its deployment to Bosnia in support of Operation Joint Endeavor, during the period 28 March 1996 to 20 November 1996.

5.  His record contains a North Atlantic Treaty Organization (NATO) Medal Certificate that shows he was awarded the NATO Medal for service with NATO during the period 2 January 1996 through 16 November 1996.

6.  On 1 December 1998, he was honorably released from active duty and transferred to the U.S. Army Reserve.  

   a. Item 12f (Foreign Service) of his DD Form 214 shows he was credited with the completion of 2 years, 10 months, and 23 days of foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Army Achievement Medal (2nd Oak Leaf Cluster)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Superior Unit Award
* Driver and Mechanic Badge with Driver-W and Driver-T Bars
* Armed Forces Service Medal
* NATO Medal

   c. Item 18 (Remarks) contains the entry "Service in Bosnia – 19960102 to 19961116."

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Bosnia-Herzegovina during the following periods:

* from 1 April 1996 through 9 November 1996
* from 21 October 1997 through 13 March 1998

8.  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.  This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments in support of named operations.  Its instructions provide that 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.

9.  A review of the applicant's record indicates he is entitled to additional awards that are not shown on his DD Form 214.

10.  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:  

* 20 November 1995 to 19 December 1996 (Operation Joint Endeavor)
* 20 December 1996 to 20 June 1998 (Operation Joint Guard)

DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed to Bosnia-Herzegovina on two occasions: from 1 April 1996 through 9 November 1996 and from 21 October 1997 through 13 March 1998.  His first deployment is properly annotated on his DD Form 214; however, his second deployment is not.  Therefore, it would be appropriate to correct his DD Form 214 to show both period of deployment.

2.  MILPER Message 99-100 authorized the Armed Forces Service Medal and the Armed Forces Expeditionary Medal for service in support of Operations Joint Endeavor and Joint Guard.  His DD Form 214 does not show he was authorized the Armed Forces Expeditionary Medal; therefore, it would be appropriate to correct his DD Form 214 to show this award.

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

   b. adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19971021 to 19980313."




      ____________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)                                         AR20130018334



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