IN THE CASE OF:	

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011063 


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 service in Bosnia and the medals and ribbons he is authorized. 

2.  The applicant states his DD Form 214 does not show his service in Bosnia or the medals and ribbons he was authorized. 

3.  The applicant provides:

* two DD Forms 214
* Army Achievement Medal (AAM) Certificate
* DA Form 638 (Recommendation for Award)
* Commander’s Safety Award Certificate
* North Atlantic Treaty Organization (NATO) Medal Certificate

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 Regular Army on 18 February 1992.  After completing initial entry training he was awarded military occupational specialty 45B (Small Arms Repairer).  He completed 5 years of net active service this period.  He was transferred to the U.S. Army Reserve on 17 February 1997.  The DD Form 214 issued at that time showed he was awarded or authorized:

* Army Lapel Button 
* Army Good Conduct Medal (AGCM) (1st Award)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR) 
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

3.  His records include an AAM Certificate showing permanent orders awarded him the AAM for his meritorious achievement during March and April 1993.

4.  On 11 March 1999, he again enlisted in the Regular Army.  He completed 3 years of net active service this period.  He was honorably discharged on 10 March 2002.  The DD Form 214 issued at that time shows he was discharged in the rank of private/E-1 and that he was awarded or authorized:

* AAM
* NDSM (2nd Award)
* ASR
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

5.  He provides, in part:

	a.  an AAM Certificate showing permanent orders awarded him the AAM for meritorious service during Operation Joint Forge with Stabilization Force 7 for the period 6 March to 15 September 2000; and 

	b.  a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO operations in relation to Bosnia-Herzegovina during the period 15 March through 15 September 2000.

6.  Army Regulation 600-8-22 (Military Awards) states 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.  The Secretary of Defense approved acceptance of the NATO Medal 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.

7.  Army Regulation 600-8-22 states 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.  Table 2-3 lists U.S. military operations in direct support of the United Nations designated for award of the AFEM.  The table shows Soldiers deployed to the former Republic of Yugoslavia in support of Operation Joint Forge from 21 June 1998 to a date to be determined are authorized award of the AFEM.  

8.  Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214.  It states for block 18, in part, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)."  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Bosnia in support of Operation Joint Forge from 6 March through 15 September 2000.  It would be appropriate to amend block 18 of his DD Form 214 to show this deployed service.

2.  He was awarded the AAM on two separate occasions.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He was deployed to the former Republic of Yugoslavia in support of Operation Joint Forge, which makes him eligible for the AFEM.  He is entitled to correction of his DD Form 214 to show this award.  

4.  The NATO Medal Certificate he provides confirms he received this award for service in support of operations in the. former Republic of Yugoslavia.  Therefore, he is entitled to correction of his DD Form 214 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 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.  deleting from item 13 of his final DD Form 214 the AAM and adding the AAM (2nd Award), AFEM, and NATO Medal; and

      b.  adding to item 18 of his final DD Form 214 the entry  "SERVICE IN BOSNIA FROM 20000306–20000915."


      
      
      _______ _   __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)                                         AR20140011063





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ABCMR Record of Proceedings (cont)                                         AR20140011063



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