IN THE CASE OF:  	  

		BOARD DATE:  4 November 2014	  

		DOCKET NUMBER:  AR20140004018 


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 foreign service in Bosnia and award of the Armed Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM).

2.  The applicant states he was reassigned from the 3rd Battalion, 229th Aviation Regiment (Attack) (Airborne) [3-229th AVN (ATK) (ABN)] to the 1st Battalion, 
229th AVN (ATK) (ABN) [1-229th AVN (ATK) (ABN)] for deployment to Bosnia. However, his records were not updated to show he deployed to Bosnia or his authorized awards.

3.  The applicant provides copies of his DD Form 214 and Army Commendation Medal (ARCOM), North Atlantic Treaty Organization (NATO) Medal (Former Yugoslavia), and Task Force Eagle certificates.

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 (RA) on 9 May 1995.  He was awarded military occupational specialty 68X (Armament/Electrical Systems Repair Technician) and he was promoted to sergeant (SGT)/pay grade E-5 on
1 December 1998.

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 8 May 2001 based on completion of required active service.  He had completed 6 years of total active service.  It also shows in –

* item 12 (Record of Service), block f (Foreign Service):  "0 years, 0 months, and 0 days"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the –
   
* Army Lapel Button
* ARCOM
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (AGCM)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge

* item 18 (Remarks) does not show that he deployed overseas

4.  Headquarters, Department of the Army General Orders (DAGO) Number 15, dated 11 April 1997, and DAGO Number 25, dated 8 June 2001, awarded the
1-229th AVN  (ATK) (ABN) the Army Superior Unit Award (ASUA) for the period 5 April 1997 to 20 October 1997.

5.  A DD Form 215 (Correction to DD Form 214), dated 18 March 2014, shows that item 13 of the applicant's DD Form 214 was corrected to add the –

* National Defense Service Medal
* AFEM
* AFSM
* ASUA

6.  Based on the foregoing, the applicant's request for award of the AFEM and the AFSM will not be discussed further in this Record of Proceedings.  A copy of the DD Form 215 will be provided to him.

7.  In support of his application, the applicant provides the following documents:

   a.  DA Form 4980-14 (ARCOM Certificate) that shows Headquarters, 
229th AVN (ATK) (ABN), Permanent Orders Number 282-27, dated 9 October 1997, awarded the applicant the ARCOM for meritorious achievement while assigned to Company D, 1-229th AVN (ATK) (ABN) during Operation Joint Guard, Bosnia-Herzegovina, from 1 March 1997 to 29 October 1997;

   b.  NATO Medal Certificate that shows the applicant was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period May 1997 to October 1997; and

   c.  Task Force Eagle Bosnia-Herzegovina, Certificate of Appreciation, issued to the applicant for his outstanding contributions to the successful peace enforcement operation in the former Republic of Yugoslavia during Operation Joint Guard.

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire /imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 2 August 1997 through 3 October 1997 for service in Bosnia.

9.  A review of the applicant's military personnel records reveals he may be entitled to an additional award that is not shown on his DD Form 214.  This review failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the AGCM (2nd Award).

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.


11.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for –

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his foreign service in Bosnia from March to October 1997.

2.  The evidence of record shows the applicant was assigned to Company D,
1-229th AVN (ATK) (ABN) and he deployed to Bosnia-Herzegovina in support of Operation Joint Guard.  It also shows the period of deployment, as follows –

* ARCOM certificate/orders:  1 March 1997 through 29 October 1997
* NATO Medal certificate:  May 1997 to October 1997
* DFAS HFP/IDP CZTE:  2 August 1997 through 3 October 1997
* DAGO awarding the ASUA:  5 April 1997 through 20 October 1997
   
3.  Based on the available evidence of record pertaining to the applicant's overseas deployment, it is concluded that the applicant served in Bosnia from
1 March 1997 through 29 October 1997

   a.  A calculation of the period of overseas service shows the following:

	1997  10  29		date of redeployment from Bosnia
	- 1997  03  01		date of deployment to Bosnia
	=     00  07  28
	+ _                1		inclusive day
	=     00  07  29		or 7 months and 29 days of overseas service

   b.  Item 12f and item 18 of the applicant's DD Form 214 do not show the applicant's total foreign service nor the period of his deployment in Bosnia.

   c.  Thus, item 12f and item 18 of the applicant's DD Form 214 should be corrected to show the total amount and period of his foreign service.
4.  The applicant served a period of continuous, honorable active duty enlisted service from 9 May 1995 through 8 May 2001.

   a.  He was awarded the AGCM (1st Award) for the period 9 May 1995 through 8 May 1998.

	b.  He was promoted to SGT/E-5 on 1 December 1998.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the second award of the AGCM.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (2nd Award) for the period 9 May 1998 through 
8 May 2001.

5.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Army Good Conduct Medal (2nd Award) for the period 
9 May 1998 through 8 May 2001 (Standard Name Line:  SGT  1st Battalion, 229th Aviation Regiment (Attack) (Airborne), Fort Bragg, NC  28310-5000);

   b.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  07  29";

   c.  deleting from item 13 of his DD Form 214 the "Army Good Conduct Medal" and adding the "Army Good Conduct Medal (2nd Award)"; and
	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19970301 - 19971029."



      __________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)                                         AR20140004018



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ABCMR Record of Proceedings (cont)                                         AR20140004018



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