IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20140008809
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 award of the Army Good Conduct Medal (1st Award) and the Overseas Service Ribbon.
2. The applicant states he was never awarded the Army Good Conduct Medal. He went to Bosnia in 1998 to 1999 (6 months) and he was never awarded the Overseas Service Ribbon. He states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his deployment time.
3. The applicant provides a Stabilization Force (SFOR) Multi-National Division (North) Operation Joint Forge Certificate of Participation and his DD Form 214, dated 6 August 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 enlisted in the Regular Army on 7 August 1996 in pay grade E-1. He completed training as an avenger crewmember and was promoted through the ranks to pay grade E-4.
3. Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Bosnia from 19 September 1998 through 23 March 1999.
4. The applicant was honorably released from active duty (REFRAD) on 6 August 1999. He completed 3 years of net active service this period.
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* Army Lapel Button
* Armed Forces Service Medal
* Army Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal (1st Award).
6. Army Regulation 600-8-22 (Military Awards) states:
a. The 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. The Overseas Service Ribbon is awarded for successful completion of overseas tours.
7. Army Regulation 635-5 (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 the DD Form 214 is a synopsis
of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge. It states 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. Although he was deployed to Bosnia, there is no evidence in the applicant's records showing he successfully completed an overseas tour. Therefore, he is not authorized the Overseas Service Ribbon.
3. There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal. This award should be added on his DD Form 214.
4. Additionally, the applicant's DD Form 214 should be amended to show the name of the country and his deployment dates. His records should be corrected as recommended below:
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 amending item 13 of his DD Form 214 to add the Army Good Conduct Medal (1st Award) and item 18 to add the entry "SERVICE IN BOSNIA FROM 19980919-19900323."
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 amending his DD Form 214 to add the Overseas Service Ribbon.
___________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) AR20140008809
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