IN THE CASE OF:	  

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140008364 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Bosnia and to:

	a.  add in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Driver and Mechanics Badge
* Army Achievement Medal (AAM)
* North Atlantic Treaty Organization (NATO) Medal
* his certificates of achievement 
* any missing awards he may be authorized

b.  show in item 14 (Military Education) completion of:

* Airborne Training Course
* Field Sanitation Team Training Correspondence Course
* German Headstart Course

2.  The applicant states he was deployed to Bosnia and Macedonia in support of Operation Joint Guard and his record is missing his deployment information, several awards, commendations, and education items.



3.  The applicant provides:

* his DD Form 214
* Implementation Force (IFOR) identification card
* AAM certificate and orders
* NATO certificate
* Operation Joint Guard Certificate
* Certificate of Training, Field Sanitation Team Training
* Certificate of Training, U.S. Army Europe (USAREUR) Command Language Program (German) - German Headstart Course
* three Certificate of Achievements
* Airborne Course Diploma and Individual Jump Record

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.  On 12 July 1995, the applicant enlisted in the Regular Army.

3.  He was honorably released from active duty on 8 August 1997 to enter the officer training program.  The DD Form 214 he was issued at the time shows in:

* Item 13:

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

* Item 14 lists the Bradley Fighting Vehicle Mechanic Course
* Item 18 (Remarks) no entry for service in Bosnia

4.  In an email, dated 10 June 2014, an official with the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in:

* Macedonia from 1 - 30 November 1996
* Bosnia from 17 March - 28 May 1997
* Bosnia from 11 June - 17 July 1997

5.  There are no orders in his record that show award of the Driver and Mechanic Badge or the Army Good Conduct Medal.  His record is void of any derogatory information or court-martial actions.

6.  He provides:

	a.  Permanent Orders 214-31, issued by Headquarters, 1st Battalion, 77th Armor Battalion, dated 30 July 1996, awarding him the AAM.
	
	b.  a NATO certificate that shows he was awarded the NATO Medal for service in the former Yugoslavia during the period 20 March through 16 July 1997.

	c.  Certificates of Training showing completion of the:

* Field Sanitation Team Training Course, 5 - 9 August 1996, 40 hours
* USAREUR Command Language Program (German), 5-8 February 1996, 1 week

	d.  Airborne Diploma, dated 1998, his individual jump record, and various certificates of achievement.

7.  Army Regulation 600-8-22 (Military Awards) states the:
   
	a.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Army Military Human Resource Record.
   
   c.  Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  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.  The Armed Forces Expeditionary Medal is authorized for qualifying service in the former Republic of Yugoslavia during Operation Joint Endeavor and Operation Joint Guard from 1 June 1992 to 20 June 1998.

	d.  Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility.  The Armed Forces Service Medal is authorized for qualifying service in Operation Joint Endeavor from 1 June 1992 to 19 December 1996 and Operation Joint Guard from 20 December 1996 to 20 June 1998.

	e.  Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

	f.  The NATO Medal was authorized by the Secretary-General of the NATO for specific NATO operations.  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.  To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate for this award.

	g.  Driver and Mechanic Badge is awarded to drivers who meet the following requirements:

		a.  possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card);

		b.  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record; or

		c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version in effect at the time stated:

	a.  item 14 shows the Soldier's military education and is obtained from the records and shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed; and

	b.  for a Soldier deployed to a foreign country during the period covered by the DD Form 214, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates) YYYYMMDD-YYYYMMDD" in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show his foreign service in Bosnia and to add missing awards and military training.

2.  A review of his official pay records confirmed he received special combat pay for service in Macedonia and Bosnia; therefore, he served a qualifying period for the award of the AFEM and AFSM, and his DD Form 214 should be corrected to show these awards.  In addition, the periods of these deployments should be added to item 18 of his DD Form 214.

3.  Permanent orders awarded him the AAM and he provided a certificate that shows he was awarded the NATO Medal for service with NATO on Operations in relation to the Former Yugoslavia during the period 20 March through 16 July 1997.  These awards should be added to his DD Form 214.

4.  His record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, he is entitled to the award of the Army Good Conduct Medal and correction of his records to show this award. 

5.  The evidence of record shows the applicant completed the Field Sanitation Team Training Course and the German Headstart course during his period of service.  Therefore, his DD Form 214 should be corrected to show this military education.

6.  The applicant completed his Airborne Training Course after the period covered by the DD Form 214 and as such this training cannot be added to the report.

7.  His record is void of orders awarding him the Driver and Mechanic Badge and the applicant did not provide evidence to show that he meet the eligibility requirements.  Therefore, it would be inappropriate to award this badge.

8.  The governing regulation, as then in effect and as in effect today, does not authorize entries on the DD Form 214 for certificates of achievement, letters of appreciation or distinguished service.  Accordingly, this portion of his request should be denied.

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 awarding him the Army Good Conduct Medal (1st Award) for the period 12 July 1995 through 8 August 1997 and correcting his DD Form 214 in:

	a.  Item 13 to add:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* NATO Medal
* AAM

	b.  Item 14 to add:

* Field Sanitation Course, 1 week, 1996
* German Headstart, 1 week, 1996

c.  Item 18 to add the entry "SERVICE IN MACEDONIA FROM 19961101-
19961130; SERVICE IN BOSNIA FROM 19970317-19970528 AND 19970611-19970717."

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 adding his Driver and Mechanic Badge, Airborne Training Course, and his certificates of achievements to 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)                                         AR20140008364





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008364



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1