IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140017667 


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 deployed service and the following awards:

* Army Good Conduct Medal (2nd award)
* Armed Forces Expeditionary Medal (AFEM)

2.  The applicant states that his DD Form 214 does not reflect the AFEM.  He contends that he served in the Former Republic of Yugoslavia with Company A, 23rd Engineer Battalion, 1st Brigade Combat Team (BCT), 1st Armor Division from February to November 1996.  He was then redeployed a second time with Company A, 16th Engineer Battalion, 1st BCT, 1st Armor Division from September 1997 to April 1998.  He earned a second AGCM that is not reflected on his DD Form 214.  He was told that it would be added later; however, it was not.  Lastly, he is not sure if deployments were to be listed on the DD Form 214 but would like to have his deployments added.  He only became aware recently that the AFEM was awarded to those who had served in the Former Republic of Yugoslavia.  He was under the impression that he had been awarded a second AGCM when he received his medals in the mail.  He just wants his records to accurately reflect his military service.

3.  The applicant provides no additional documentation.



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 23 January 1992.  He completed his initial training as a medical specialist.

3.  Permanent Orders 33-14, U.S. Army Intelligence Center and Fort Huachuca, Arizona, announced the applicant's award of the AGCM for the period 23 January 1992 to 22 January 1995.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) as follows:

* Croatia: 12 February to 23 November 1996
* Bosnia: 18 October 1997 to 8 March 1998

5.  The applicant's DD Form 214 shows he was honorably released from active duty due to completion of required active service on 29 August 1998.  He had attained the rank of specialist, pay grade E-4 and had completed 6 years, 7 months, and 7 days of creditable active duty service.  His DD Form 214 does not indicate in Item 18 (Remarks) either of his deployments.  The form  list the following awards in Item 13:

* Army Achievement Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Superior Unit Award
* Driver and Mechanic Badge (Driver-W Bar)
* Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal

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

7.  Army Regulation 635-5 (Separation Documents), as in effect shortly after the applicant completed his period of active duty service, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that Item 18 would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD - YYYYMMDD)."

8.  Military Personnel (MILPER) Message Number 99-100 authorized award of both the AFSM and the AFEM, 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant participated in Operation Joint Guard in Bosnia during the period 18 October 1997 to 8 March 1998 which entitles him to the AFEM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The evidence of record shows that the applicant was awarded the AGCM for the period 23 January 1992 to 22 January 1995.  He also served an additional 
3-year period 23 January 1995 to 22 January 1998.  Because there is no evidence of any disciplinary action taken against him, no evidence showing the commander denied him a second AGCM, and the fact that he served his entire period of required active duty service, it must be presumed that his not receiving a second AGCM was an administrative oversight.  Accordingly, it would be appropriate to now award him this medal.


3.  DFAS records indicate that the applicant was deployed to Croatia from 
12 February to 23 November 1996 and to Bosnia from 18 October 1997 to 
8 March 1998.  Therefore, it would be appropriate to show these deployments in Item 18 of his DD Form 214:

* "SERVICE IN CROATIA:  19960212 - 19961123"
* "SERVICE IN BOSNIA: 19971018 - 19980308"

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.  awarding him the Army Good Conduct Medal (2d Award) for the period 
23 January 1995 to 22 January 1998;

	b.  deleting from his DD Form 214 the Army Good Conduct Medal;

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (2 awards)
* Armed Forces Expeditionary Medal

	d.  adding to Item 18 of his DD Form 214 the entry: "SERVICE IN CROATIA: 19960212 - 19961123"//"SERVICE IN BOSNIA: 19971018 – 19980308."


      ___________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)                                         AR20140017667





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ABCMR Record of Proceedings (cont)                                         AR20140017667



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