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ARMY | BCMR | CY2013 | 20130018989
Original file (20130018989.txt) Auto-classification: Approved

		

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130018989 


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 the campaign medal for her service in Bosnia.

2.  The applicant states she was deployed to Bosnia for 6 months and has the certificate she was given after her 6-month tour.

3.  The applicant provides orders and a 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 24 January 1996.  She was assigned to the 701st Maintenance Support Battalion, Germany on 30 May 1996.  
3.  She provides a North Atlantic Treaty Organization (NATO) certificate that shows she was awarded the NATO Medal for service in the former Yugoslavia during the period 16 October 1966 to 30 March 1997.

4.  She was honorably released from active duty on 7 October 1999 and she was transferred to the U.S. Army Reserve.  

5.  The DD Form 214 she was issued at the time shows in:

* item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar

* Item 18 (Remarks) no entry for any service in Bosnia

6.  In an email, dated 2 July 2014, an official with the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Bosnia from 1 December 1996 to 30 March 1997.

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

   a.  Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  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.  The Armed Forces Expeditionary Medal is authorized for qualifying service in the former Republic of Yugoslavia during Operation Joint Endeavor and Operation Joint Guard from 1 June 1992 to 20 June 1998.

	b.  Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility.  The Armed Forces Service Medal is authorized for qualifying service in Operation Joint Endeavor from 1 June 1992 to 19 December 1996 and Operation Joint Guard from 20 December 1996 to 20 June 1998.

	c.  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 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 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

	d.  NATO Medal was authorized by the Secretary-General of the NATO for specific 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 NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.  To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate for this award.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated, for a Soldier deployed to a foreign country during the period covered by the DD Form 214, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates) YYYYMMDD-YYYYMMDD" in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served during a qualifying period of service for award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal, and she was issued a certificate for award of the NATO Medal.  Therefore, she is entitled to correction of her DD Form 214 to show these medals.

2.  Her deployment to Bosnia should be added to her DD Form 214.


BOARD VOTE:

__X______  _X_______  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending her DD Form 214 by:

* adding to item 13 the Armed Forces Expeditionary Medal, Armed Forces Service Medal, and the NATO Medal
* adding to item 18 the entry "SERVICE IN BOSNIA FROM 19961201-19970330"



      _______ _ 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)                                         AR20130018989



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ABCMR Record of Proceedings (cont)                                         AR20130018989



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