IN THE CASE OF:	   

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021891 


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 service in Bosnia and award of the Armed Forces Expeditionary Medal and North Atlantic Treaty Organization (NATO) Medal.  The applicant further requests to show his last duty assignment as 15 FSB FC (15th Forward Support Battalion, 1st Cavalry) instead of 15 CS BN FC (15th Combat Support Battalion, 1st Cavalry).
 
2.  The applicant states he served in Bosnia from March to August 1999.

3.  The applicant provides a letter of support and a page of medical information.

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 4 June 1998.

3.  He was released from active duty on 3 June 2002 in the rank/grade of           private/E-2 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his service obligation.  His DD Form 214 shows he completed 4 years of total active service.  This form also shows the following entries:

* Item 8a (Last Duty Assignment and Major Command) – 15 CS BN FC
* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button and Army Service Ribbon
* item 18 (Remarks) – no deployed service in Bosnia

4.  The applicant's record contains Orders D-01-602212, issued by the U.S. Army Human Resources Command (HRC), dated 24 January 2006, which discharged him from the USAR and which show his unit as "1 BCO 15TH FSB" (Company B, 15th Forward Support Battalion).

5.  Information obtained from the Defense Finance and Accounting Service (DFAS) confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 7 March to 21 September 1999 for service in Bosnia-Herzegovina, a period of 6 months and 15 days.

6.  The applicant provides what appears to be a computer screen shot from a medical program.  The document is undated and lists the applicant's address as "B 15FSB 1CD" (Company B, 15th Forward Support Battalion, 1st Cavalry Division). 

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

8.  Army Regulation 600-8-22 states the NATO Medal is awarded by the Secretary-General to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  The Secretary of Defense may approve acceptance and wear of the NATO Medal for U.S. Armed Forces personnel who serve under NATO command or operational control in direct support of an approved NATO mission/operation.  The NATO Medal for operations related to the former Republic of Yugoslavia (from 1 July 1992 to 
31 December 2002) was approved by the Secretary of Defense for acceptance and wear.
9.  The Military Awards Branch website provides information pertaining to military awards.  It also provides links to Military Personnel (MILPER) messages.

   a.  MILPER Message 11-200, issued 29 June 2011, subject:  Updated NATO Policy Regarding Requests of the NATO Medal by U.S. Army Soldiers, shows that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area.  It also shows that effective
1 January 2011, the NATO Medal for previous NATO operations that ended over two years ago will no longer be processed or issued, including the former Republic of Yugoslavia (FRY) and former Yugoslavia (Republic of Macedonia).

   b.  The HRC, Military Awards Branch contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a NATO Medal Certificate.

10.  Army Regulation 635-5 (Separation Documents) established standardized policy for preparing and distributing the DD Form 214.

	a.  For item 8a, enter last unit of assignment, major command with the corresponding two character assignment code per Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes), paragraph    2-4.

	b.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	c.  For item 18, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service in Bosnia, award of the Armed Forces Expeditionary Medal and NATO Medal, and to show his last duty assignment as 15 FSB FC (15th Forward Support Battalion, 1st Cavalry) was carefully reviewed and found to have partial merit.

2.  DFAS confirmed the applicant received HFP/IDP associated with deployment to Bosnia-Herzegovina from 7 March through 21 September 1999, a period of 6 months and 15 days.  Therefore, his DD Form 214 should be corrected to show 6 months and 15 days of foreign service.
3.  Additionally, based on his confirmed deployment to Bosnia-Herzegovina, he is entitled to correction of his DD Form 214 to show this deployment.

4.  The evidence shows the applicant completed a qualifying period of service for award of the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

5.  The NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If the applicant can provide evidence (a NATO Medal Certificate) showing it has already been awarded, it may be entered on his DD Form 214.  However, in the absence of any official documentary evidence showing award of the NATO Medal for FRY, there is an insufficient evidentiary basis to grant the applicant's requested relief.

6.  With regard to changing the applicant's last duty assignment, his USAR discharge orders list his unit as Company B, 15th Forward Support Battalion; therefore, he is entitled to correction of his DD Form 214 to show his last duty assignment and major command as Company B, 15th Forward Support Battalion, 1st Cavalry Division, Forces Command.  

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: 

   a.  deleting the entry "15 CS BN FC" from item 8a of his DD Form 214 and replacing it with the entry "B 15 FS BN FC";
   
   b.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  06  15";

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

	d.  adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990307-19990921" to item 18 of his DD Form 214.

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 award of the NATO 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)                                         AR20130021891





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ABCMR Record of Proceedings (cont)                                         AR20130021891



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