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ARMY | BCMR | CY2014 | 20140000762
Original file (20140000762.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000762 


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 reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Armed Forces Expeditionary Medal (AFEM)
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Service Medal (AFSM)
* Army Achievement Medal (AAM) (2nd Award)

2.  He states he was deployed to Bosnia-Herzegovina from 26 April 1998 to 
24 June 1998 in support of Operation Joint Forge.

3.  He provides a self-authored statement and Leave and Earning Statements (LESs). 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120001342 on 10 July 2012.

2.  He provided LESs which were not previously reviewed by the ABCMR.  Therefore, these LESs are new evidence that warrant consideration by the Board.
3.  The applicant enlisted in the Regular Army on 2 October 1997 and he was awarded military occupational specialty 68H (Aircraft Pneudraulics Repairer).  He was honorably discharged on 4 October 2002.  His DD Form 214 shows in:

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

* Army Label Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar

* Item 18 (Remarks) no deployment entry 

4.  He provided LESs from the periods 1 to 31 January 1998 through 
1 to 30 November 1998.  These LESs show he was deployed from 29 April 1998 to 30 June 1998.

5.  Additionally, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 29 April 1998 through 30 June 1998 while deployed in Bosnia.

6.  His record is void of a certificate signed by the NATO Secretary General confirming award of the NATO Medal.  Additionally, there are no recommendations, certificates, or orders in his official military personnel file that show he was awarded the AAM (2nd Award). 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 

	a.  The NATO Medal was authorized by the Secretary General of NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the NATO Secretary General.  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.

	b.  The AAM is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Military Personnel Message (MILPER) Number 99-157 implemented the policy to allow award of either the Armed Forces Expeditionary Medal (AFEM) or the AFSM to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the AFSM is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  DFAS verified the applicant received HF/IDP and CZTE from 29 April 1998 through 30 June 1998 while deployed in Bosnia.  Therefore, item 18 of his 
DD Form 214 should be corrected accordingly.

2.  With respect to the NATO Medal, the NATO Medal is awarded to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations by the NATO Secretary General.  Awarding the NATO Medal is outside the purview of the ABCMR.  If he can provide his NATO Medal Award Certificate, he may apply for reconsideration.

3.  There is no official documentation or orders showing he was awarded the second award of the AAM.  Therefore, in the absence of such evidence, there is no basis for granting his request.


4.  Although there is no evidence and he did not provide any to show which operation he supported, DFAS verified his service in Bosnia from 29 April 1998 through 30 June 1998.  His statement claiming he was deployed to Bosnia in support of Operation Joint Forge is accepted as evidence that he actually participated in Operation Joint Forge.  Therefore, he is entitled to award of the AFEM and correction of his DD Form 214 to show this award.

5.  The evidence of record shows he served in Bosnia in support of Operation Joint Forge.  As cited in MILPER Message Number 99-157, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.  Therefore, he is not entitled to award of the AFSM. 

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 partial amendment of the ABCMR’s decision in Docket Number AR20120001342, dated 10 July 2012.  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 FROM 19980429 - 19980630."

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 the NATO Medal, Armed Forces Service Medal, and the Army Achievement Medal (2nd Award).



      ___________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.



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ABCMR Record of Proceedings (cont)                                         AR20140000762



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