IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140018125
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Bosnia-Herzegovina in support of Operation Joint Guard and any authorized awards associated with this service.
2. The applicant states:
* her DD Form 214 doesn't reflect any awards or overseas deployments
* she was deployed to Bosnia-Herzegovina in support of Operation Joint Guard
3. The applicant provides:
* DD Form 214
* reassignment orders
* photograph taken in Bosnia
* two DA Forms 638 (Recommendation for Award)
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 20 March 1996 and she trained as a medical specialist.
3. She provided a DA Form 638, dated 1 July 1997, awarding her the Army Achievement Medal (AAM) for meritorious achievement during the period 23 to 27 June 1997 in support of Operation Joint Guard in Bosnia-Herzegovina.
4. She also provided a DA Form 638, dated 30 September 1997, for award of the Army Commendation Medal for meritorious service in support of Operation Joint Guard while deployed to Bosnia-Herzegovina during the period 18 March to 26 October 1997. The intermediate authority recommended downgrading the award to an AAM. The approval authority and orders data sections are incomplete.
5. The Defense Finance and Accounting Service (DFAS) confirmed she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia-Herzegovina from 25 March 1997 to 31 July 1997.
6. On 19 March 1999, she was honorably released from active duty.
7. Her DD Form 214 shows she was awarded or authorized the:
* AAM
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
8. Item 18 (Remarks) of her DD Form 214 does not show any deployments.
9. Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal (AFSM) and Armed Forces Expeditionary Medal (AFEM) as a one-time exception to Department of Defense and Service policy for qualifying service in support of Operations Joint Endeavor/Joint Guard in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed to 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). This exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and/or Operation Joint Guard.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated that 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 deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirms the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia-Herzegovina during the period 25 March 1997 to 31 July 1997. Therefore, item 18 of her DD Form 214 should be corrected to show she served in Bosnia-Herzegovina from 25 March 1997 to 31 July 1997.
2. The evidence of record shows she participated in Operation Joint Guard in Bosnia-Herzegovina during the period 25 March 1997 to 31 July 1997 which entitles her to award of the AFSM and AFEM. Therefore, her DD Form 214 should be corrected to show these awards.
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:
a. adding award of the AFSM and AFEM to her DD Form 214 and
b. adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970325-19970731" to item 18 of her 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) AR20140018125
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140018125
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013909
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he would like his military records to reflect the awards he earned while deployed in support of Operation Joint Forge in Bosnia * his records show he earned the North Atlantic Treaty Organization (NATO) Medal, but he is missing the AFSM and AFEM for his service in Bosnia * he was transferred to Hawaii after his deployment * he was not with his original unit at the time for...
ARMY | BCMR | CY2010 | 20100027018
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, in effect, award of the Armed Forces Service Medal (AFSM) and the Army Achievement Medal (AAM). Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S....
ARMY | BCMR | CY2012 | 20120012377
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) instead of the Armed Forces Service Medal (AFSM) and the Army Commendation Medal (ARCOM). Therefore, she is entitled to award of the AFEM and correction of her DD Form 214 to show this award.
ARMY | BCMR | CY2014 | 20140004325
He submits a Headquarters, 720th MP Battalion MFR, dated 21 April 1997, listing the companies and dates of deployment to Bosnia-Herzegovina with an enclosed list of personnel who deployed to Bosnia and earned the NATO Medal and AFSM for service in Bosnia. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 29 March 1995 through 2 January 1998 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2012 | 20120003806
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2002 to show her award of the Meritorious Service Medal (MSM) (2nd Oak Leaf Cluster). The applicant provides a: * DD Form 214WS (DD Form 214 Worksheet) * NATO certificate * Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) for the period 1-31 March 1998 * DA Form 4980-18 (The Army Achievement Medal...
ARMY | BCMR | CY2009 | 20090004626
The evidence of record confirms the applicant was properly recommended for the JSAM by her OIC and notwithstanding a recommendation from the task force commander to upgrade the award to a JSCM, the awards approval authority approved award of the JSAM originally recommended. While there is insufficient documentation and evidence for the Board to upgrade the applicant's approved JSAM to a JSCM, this in no way affects the applicants right to pursue his claim for award of the JSCM by...
ARMY | BCMR | CY2014 | 20140012331
The applicant states his platoon was awarded the AFEM and AFSM for their service in Croatia/Bosnia in support of Operation Joint Endeavor (OJE) after he was honorably discharged from the Army. 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 by: a. deleting the Southwest Asia Service Medal; and b. adding the: * Southwest Asia Service Medal with bronze service star * Armed Forces...
ARMY | BCMR | CY2014 | 20140018333
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments to Southwest Asia (SWA) and Bosnia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding award of the AFSM, AFEM, and NATO Medal to his DD Form 214; and b. adding the entry "SERVICE IN...
ARMY | BCMR | CY2014 | 20140005965
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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...
ARMY | BCMR | CY2008 | 20080016804
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM) for participation in Operation Joint Endeavor. The applicant served a period of qualifying service in Bosnia making her eligible for award of the AFEM and the AFSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...