BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130018702 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her award of the Armed Forces Expeditionary Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

2.  The applicant states these two awards appear to have been overlooked or not input properly into her official record.

3.  The applicant provides a copy of an Armed Forces Expeditionary Medal award memorandum with personnel roster. 

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.  By virtue of her request to include the Armed Forces Expeditionary Medal, which requires some foreign service and none is reflected on the DD Form 214, it is appropriate to expand the applicant's request to include review of her foreign service entries on the DD Form 214.  

3.  The applicant, with 4 years and 8 months of prior active duty and 5 months and 12 days of prior inactive service, enlisted in the Regular Army on 31 March 1997 in the military occupational specialty 92A (Automated Logistic Specialist).  

4.  The record contains award orders for only her Driver and Mechanic Badge with Operator-S Bar.

5.  The applicant was honorably discharged, due to parenthood, on 15 March 2000.  Her DD Form 214 shows the following:

* no documentation of any foreign service at either block 12f (Foreign Service) or in block 18 (Remarks)
* award of the –

* Joint Service Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Good Conduct Medal (2nd Award)
* NATO Medal (2nd Award)
* Overseas Service Ribbon
* Driver and Mechanic Badge with Operator-S Bar

6.  The applicant provides a copy of an Advance Communications Element (ACE), Forward Support Team, Sarajevo memorandum, dated 31 May 1999, showing award of the Armed Forces Expeditionary Medal for service during Operation Joint Forge. 

7.  A review of the applicant's pay records shows she received hostile fire/imminent danger pay from 24 November 1998 through 20 July 1999 in Croatia and 17 August 1999 through 1 October 1999 in Bosnia.

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  For service in the Former Republic of Yugoslavia during Operation JOINT FORGE, the eligibility period is from 21 June 1998 to a date to be determined.
   
   b.  No more than one Armed Forces Expeditionary Medal will be awarded to any one service member.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal.
   
9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states: 

	a.  For the entry at block 12f, enter the total amount of foreign service completed during the period covered in block 12c.

	b.  For the entry at block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) enter all awards for all periods in sequence order.

	c.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter at block 18 the following "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's official records are incomplete.  Other than her award of the Driver and Mechanic Badge with Operator-S Bar, her records contain no documentation of any orders or authorization for awards shown on her DD Form 214.

2.  The applicant has not provided and the available records do not contain any evidence of showing the applicant's qualification for or award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is not appropriate to include the badge on her DD Form 214.

3.  The applicant was awarded the Armed Forces Expeditionary Medal on 31 May 1999.  Her DD Form 214 does not reflect this award and it is appropriate to correct this oversight. 
4.  She served in Croatia from 24 November 1998 through 20 July 1999 and in Bosnia from 17 August 1999 through 1 October 1999.  Both of these periods and locations are included in the Operation Joint Forge eligibility period for award of the Armed Forces Expeditionary Medal.  Since both deployments were during the same operational period, only one Armed Forces Expeditionary Medal is authorized to cover both periods. 

5.  Without access to additional records, the applicant's potential total period of foreign service cannot be fully verified.  However, at a minimum, her DD Form 214 should be corrected to reflect her periods of deployment in Croatia from 24 November 1998 through 20 July 1999 and in Bosnia from 17 August 1999 through 1 October 1999.  

6.  Based on the available evidence, it is appropriate to correct block 12f on the DD Form 214 to show "0000 09 00."

7.  Additionally, the applicant's two periods of foreign service should be included at block 18 as follows:  "SERVICE IN CROATIA 19981124-1990720//SERVICE IN BOSNIA FROM 19990817-19991001."

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 adding to her DD Form 214 at: 

* block 12f, 0000 09 00
* block 13, the Armed Forces Expeditionary Medal
* block 18, "SERVICE IN CROATIA 19981124-1990720//SERVICE IN BOSNIA FROM 19990817-19991001"

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 including the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on her 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)                                         AR20130018702



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ABCMR Record of Proceedings (cont)                                         AR20130018702



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