BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018333 


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 deployments to Southwest Asia (SWA) and Bosnia.

2.  The applicant states, in effect, his DD Form 214 fails to reflect his deployments to SWA in support of Operations Desert Shield/Desert Storm and Bosnia in support of Operations Joint Endeavor/Joint Guard.

3.  The applicant provides:

* certificates of achievement and appreciation
* North Atlantic Treaty Organization (NATO) Medal Certificate
* DD Form 214

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 15 May 1992 and trained as  military police.

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia from:

* 24 August 1996 to 11 September 1996
* 1 January 1997 to 30 April 1997

4.  He provided a NATO Certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 20 July 1996 to 15 April 1997.

5.  He also provided a certificate of achievement for participation and outstanding service during Operations Joint Endeavor/Joint Guard in Bosnia-Herzegovina from 27 August 1996 to 15 April 1997.

6.  On 9 August 1998, he was honorably released from active duty.

7.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar 

8.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

9.  There is no evidence in the available records that shows he served in SWA.

10.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base does not show the applicant's name.

11.  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.

12.  Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal (AFSM) and the 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).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and/or Operation Joint Guard.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirms the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia during the periods 24 August 1996 to 11 September 1996 and 1 January 1997 to 30 April 1997.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Bosnia from 24 August 1996 to 11 September 1996 and 1 January 1997 to 30 April 1997.

2.  As a related issue, the evidence shows he participated in Operations Joint Endeavor/Joint Guard in Bosnia-Herzegovina during the period 27 August 1996 to 15 April 1997 which entitles him to award of the AFSM and AFEM.  Therefore, his DD Form 214 should be corrected to show these medals.

3.  The NATO Medal Certificate is accepted as sufficient evidence on which to base adding the NATO Medal to his DD Form 214.

4.  Although he contends he deployed to SWA in support of Operations Desert Shield/Desert Storm, there is no evidence and he provided no evidence that shows he served in SWA.  In addition, his name does not appear in the Operations Desert Shield/Desert Storm data base.  Therefore, there is insufficient evidence on which to base amending his DD Form 214 to show a deployment to SWA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X______  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding award of the AFSM, AFEM, and NATO Medal to his DD Form 214; and

	b.  adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19960824-19960911 AND 19970101-19970430" to item 18 of his DD Form 214.
 
2.  The Board further determined 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 show a deployment to SWA.



      ___________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)                                         AR20140018333



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ABCMR Record of Proceedings (cont)                                         AR20140018333



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