IN THE CASE OF:	   

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140005965 


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 award of the:

* Army Achievement Medal (AAM)
* North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states an administrative error occurred during preparation of his DD Form 214.

3.  The applicant provides:

* AAM Certificate for the period 27 December 1996 to 28 December 1997
* NATO Medal Certificate for the period 15 March 1999 to 31 July 1999

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's complete military records are not available for review.

3.  The applicant enlisted in the Regular Army on 28 June 1996.

4.  On 27 June 2000, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 4 years of creditable active service.

5.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The applicant provided copies of his AAM and NATO Certificates.  His AAM Certificate shows 307th Signal Battalion Permanent Order 305-2 authorized the award and his NATO Medal Certificate shows it was awarded for his participation in Operation Joint Forge while assigned in Bosnia-Herzegovina.

7.  His Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia-Herzegovina for the period 15 March 1999 through 2 August 1999.

8.  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 Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who served under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 14 November 1995 through a date to be determined.

	b.  The following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:  (1) operations related to the former Republic of Yugoslavia from 14 November 1995 to a date to be determined, (2) operations related to Kosovo from 13 October 1998 to a date to be determined, (3) Operation Eagle Assist from 12 October 2001 to 16 May 2002), (4) Operation Active Endeavor from 26 October 2001 to a date to be determined, (5) International Security Assistance Force in Afghanistan from 1 June 2003 to a date to be determined, and (6) operations in the Balkans from 1 January 2003 to a date to be determined.

	c.  The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  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.

9.  Military Personnel Message Number 99-157 implemented the policy to allow award of either the AFEM or the Armed Forces Service Medal (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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  Instructions stated:

	a.  Enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry would be verified by the Soldier's records.

	b.  For an active duty Soldier deployed with his or 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)" in item 18 (Remarks) of the DD Form 214


DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded the AAM and NATO Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with his deployment to Bosnia-Herzegovina from 15 March through 2 August 1999.  Therefore, he is entitled to correction of his DD Form 214 to show this deployment.

3.  The evidence shows the applicant served a qualifying period for award of the AFEM.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* adding the following awards to his DD Form 214 –

* AAM
* NATO Medal
* AFEM

* adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990315-19990802" 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)                                         AR20140005965



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ABCMR Record of Proceedings (cont)                                         AR20140005965



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