IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005663
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:
a. award of the Army Achievement Medal (AAM), North Atlantic Treaty Organization Medal (NATO), and Armed Forces Expeditionary Medal (AFEM); and
b. his service in Bosnia.
2. The applicant states:
* his AAM is not on his DD Form 214
* he was also in Bosnia and should have the NATO and AFEM
3. The applicant provides:
* NATO award certificate
* orders for the AAM
* Task Force Eagle Headquarters identification card
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. After having had prior service, the applicant enlisted in the Regular Army on 23 January 1997 and trained as an administrative specialist.
3. He provides an award certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 6 January 1999 to 4 August 1999.
4. He provides a copy of Headquarters and Headquarters Company, 1st Cavalry Division, Permanent Order Number 205-105, dated 24 July 1999, which shows he was awarded the AAM for meritorious achievement in support of Operation Joint Forge for the period 6 January 1999 to 4 August 1999.
5. On 22 January 2001, he was honorably discharged for completion of required active service.
6. His DD Form 214 does not show the AAM, NATO Medal, or AFEM as authorized awards. Item 18 (Remarks) does not show any deployments.
7. The Defense Finance and Accounting Service confirmed he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Bosnia from 11 January 1999 through 4 August 1999.
8. Army Regulation 600-8-22 (Military Awards) states the NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization 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 Secretary-General of NATO. The regulation states operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined) have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal.
9. Army Regulation 600-8-22 states the AFEM 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. Qualifying service for this award includes participation in Operation Joint Forge in the former Republic of Yugoslavia during the period 21 June 1998 to a date to be determined.
10. 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 preparation of the DD Form 214. The regulation stated that for an active duty Soldier deployed 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)" would be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the AAM. Therefore, his DD Form 214 should be corrected to show this medal.
2. Based on his service in Bosnia in support of Operation Joint Forge, from
11 January 1999 to 4 August 1999, he is authorized award of the NATO Medal and AFEM and correction of item 18 of his DD Form 214 to show this deployment.
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:
a. adding the AAM, NATO Medal, and AFEM to his DD Form 214; and
b. adding the entry "SERVICE IN BOSNIA FROM 19990111-19990804" to item 18 of his 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) AR20140005663
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ABCMR Record of Proceedings (cont) AR20140005663
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