IN THE CASE OF:	

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150001249 


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 award of the Armed Forces Service Medal and United Nations Medal with issuance of these medals.

2.  The applicant states:

* the medals were authorized for his service in the Former Yugoslav Republic of Macedonia during Operation Task Force Able Sentry, but they were never awarded to him
* he was unaware he could request medals after his discharge

3.  The applicant provides:

* letter from Anoka County Veteran Services Office, dated 8 January 2015
* DD Form 214
* United Nations Protection Force identification card
* DD Form 2A (U.S. Armed Forces Identification Card)
* two Defense Finance and Accounting Service (DFAS) Forms 702 (Military Leave and Earnings Statement)
* Armed Forces Service Medal authorized operations extract
* Army Regulation 600-8-22 (Military Awards) extracts


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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  Issuance of awards will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 20 August 1991.

4.  He served in Germany during the period 7 January 1992 through 2 January 1995.  While in Germany, he was assigned to:

* Troop C, 1st Battalion, 11th Armored Cavalry Regiment, from 10 January 1992 to 29 November 1993
* Headquarters and Headquarters Company, 2d Battalion, 15th Infantry Regiment, from 30 November 1993 through 2 January 1995

5.  Headquarters and Headquarters Company, 2d Battalion, 15th Infantry Regiment, Permanent Order Number 10-002, dated 22 February 1995, awarded him the Army Good Conduct Medal (1st Award).

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows his authorized awards as –

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Achievement Medal
* United Nations Medal

7.  On 19 February 1996, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  His Master Military Pay Account shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) during the period 18 June 1994 through 14 November 1994; however, no country was listed.

9.  He provided:

	a.  a copy of his DD Form 2A and his United Nations Protection Force identification card which was valid through March 1995,

	b.  two DFAS Forms 702 for July and August 1994 that show he was receiving foreign duty pay and his Personnel Administration Center was identified as Macedonia,

	c.  an extract of authorized operations that shows Operation Task Force Able Sentry qualified for award of the Armed Forces Service Medal for the period 12 July 1993 through 31 March 1999, and

	d.  extracts of Army Regulation 600-8-22 which provide criteria for award of the Armed Forces Service Medal and the United Nations Medal.

10.  His available records are void of any evidence indicating a deployment location.

11.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)).  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.

	b.  The Armed Forces Service Medal is awarded to service members of the Armed Forces of the United States who:  (1)  participate or have participated in a U.S. military operation that is deemed to be a significant activity and (2) encounter no foreign-armed opposition or imminent threat of hostile action.  The Armed Forces Service Medal may be awarded for U.S. military operations in direct support of the United Nations or North Atlantic Treaty Organization and for operations of assistance to friendly foreign nations.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations, or meet the following criteria:

* while participating as a regularly assigned air crewmember, accumulates 15 days service (consecutive and/or nonconsecutive) flying sorties into, out of, within, or over the area in direct support of military operations
* 1 day of service is credited for the first sortie flown on any day and additional sorties flown on the same day receive no further credit

	c.  The Chairman of the Joint Chiefs of Staff will designate U.S. military operations on or after 1 June 1992 that qualify for the Armed Forces Service Medal.  Designated U.S. military operations approved for award of the Armed Forces Service Medal are listed in table 2-6 and show Operation Able Sentry for participants deployed in support of the Former Republic of Yugoslavia during the period 12 July 1993 to 31 March 1999.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  Although his records are void of any deployment information, DFAS confirmed the applicant received HFP/IDP and CZTE associated with a deployment during the period 18 June 1994 through 14 November 1994.

2.  Records show he was awarded the United Nations Medal and he provided a copy of his United Nations Protection Force identification card.

3.  His DFAS Forms 702 show his servicing Personnel Administration Center Identification as Macedonia for July and August 1994.

4.  In view of the aforementioned evidence, any doubt regarding the applicant's deployed location should be resolved in his favor and his records should be corrected to show he was awarded the Armed Forces Service Medal for service in the Former Yugoslav Republic of Macedonia in support of Operation Able Sentry.

5.  Permanent orders awarded him the Army Good Conduct Medal (1st Award).  His DD Form 214 should be corrected 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 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 adding the following awards to his DD Form 214:
* 
Army Good Conduct Medal (1st Award)
* Armed Forces Service Medal
* United Nations Medal



      _____________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)                                         AR20150001249



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ABCMR Record of Proceedings (cont)                                         AR20150001249



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