PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2001     
	DOCKET NUMBER:   AR2001052876

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of item 12f (Record of Service/Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Bosnia; correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the North Atlantic Treaty Organization (NATO) Medal and the Armed Forces Expeditionary Medal (AFEM).

3.  The applicant states that he served a tour in Bosnia from 1 August 1998 to 
31 March 1999 and that he was awarded the NATO Medal and the AFEM.  In support of his application, he submits a copy of his DD Form 214 and an award certificate for the Army Achievement Medal.   

4.  The applicant’s military records show that the applicant enlisted on 30 June 1997 and trained as a wheel vehicle repairer.  On 26 June 2000 the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of physical disability with severance pay.
 
5.  Item 12f (Foreign Service) on the applicant’s DD Form 214 shows the entry “0000 00 00”.  His DD Form 214, which was authenticated in his own hand, does not show the NATO Medal or the AFEM as authorized awards.

6.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record, Part II) is blank.  However, the applicant provided an award certificate for the Army Achievement Medal, dated 19 April 1999, which shows that he served in Bosnia from 1 August 1998 to 31 March 1999.  Also his DA Form 2A (Personnel Qualification Record, Part I), prepared on 8 January 1999, shows that he was deployed for 8 months.

7.  There is no evidence in the available records which shows the applicant served under NATO command or operational control in direct support of NATO operations.

8.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.  This regulation provides no authority to show deployments.  

9.  The North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved 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.

10.  Army Regulation 600-8-22 (Military Awards), provides in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 
30 consecutive or 60 nonconsecutive days.

11.  MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the AFEM or the Armed Forces Service Medal (AFSM) to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the AFEM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space.  Award of the AFSM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

CONCLUSIONS:

1.  Item 12f (Foreign Service) on the applicant’s DD Form 214 shows the entry “0000 00 00”.

2.  Evidence of record shows that the applicant was deployed to Bosnia from 
1 August 1998 to 31 March 1999 (a total of 8 months).  Therefore, the applicant is entitled to correction of item 12f (Foreign Service) on his DD Form 214 to show that he served 8 months of foreign service.  Also, as an exception to regulation, the Board determined that item 18 (Remarks) on the applicant’s DD Form 214 should be amended to show his service in Bosnia.

3.  The Board considered the applicant’s contention that he was awarded the NATO Medal.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was awarded the NATO Medal or that he participated in a NATO operation.  Therefore, the applicant is not entitled to award of the NATO Medal.

4.  The applicant is entitled to the AFEM for his service in Bosnia from 1 August 1998 to 31 March 1999.  Therefore, the applicant is entitled to correction of his military records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

	a.  by deleting the entry “0000 00 00” in item 12f (Foreign Service) on the DD Form 214 of the individual concerned;

	b.  by adding the entry “0000 08 00” in item 12f on the DD Form 214; 

	c.  by adding the entry “Bosnia service:  980801-990331”; and

	d.  by showing the individual concerned was awarded the Armed Forces Expeditionary Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JEV___  BJE_____  WDB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__James E. Vick______
		        CHAIRPERSON

INDEX

CASE ID	AR2001052876	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0072	
2.	100.0000	
3.		
4.		
5.		
6.