BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000136 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000136 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: * deleting from item 13 of his DSD Form 214 the Army Good Conduct Medal (6th Award) * adding to item 13 of his DD Form 214 the Army Good Conduct Medal (7th Award), Global War on Terrorism Service Medal, Armed Forces Expeditionary Medal, Armed Forces Service Medal, and Korea Defense Service Medal * adding to item 18 of his DD Form 214 the entry "Service in Bosnia 19970312-19971014" 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 the Global War on Terrorism Expeditionary 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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000136 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 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal. 2. The applicant states he retired on 30 September 2002 and the above awards were not listed on his DD Form 214. 3. The applicant provides an All Army Activities Message, dated 17 March 2004; DD Form 214, dated 30 September 2002; and Orders Number 011-0006, issued by U.S. Army Garrison, Fort Belvoir, VA, dated 11 January 2002. 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 17 September 1980 and he held military occupational specialty 92Y (Unit Supply Specialist). 3. He served in a variety of stateside and overseas assignments and he was promoted to sergeant first class (SFC)/E-7. 4. He served in: * Germany, 15 February 1981 to 11 August 1982 * Korea, 13 October 1986 to 7 October 1987 * Germany, 29 August 1995 to 19 August 1998 * Bosnia, 12 March 1997 to 14 October 1997 (Operation Joint Guard) 5. He retired on 30 September 2002 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 October 2002. His DD Form 214 shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Commendation Medal (4th Award) * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Expert Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button * North Atlantic Treaty Organization Medal b. Item 18 (Remarks) no entry documenting his deployment to Bosnia from 12 March to 14 October 1997. 6. Permanent Orders 313-1, issued by U.S. Army Garrison, Fort Belvoir, VA, on 9 November 2001 awarded him the Army Good Conduct Medal (7th Award). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the Global War on Terrorism Expeditionary Medal . Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE. b. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. d. The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia). 2. U.S. Army Personnel Command Message Number 99-100, dated 121605Z March 1999, authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal as a one-time exception to DOD and Service policy, for qualifying service in support of Operations Joint Endeavor and Operation Joint Guard in Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina or aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period, for the purpose of this award from 20 November 1995 to 19 December 1996 for Operation Joint Endeavor also for the purpose of this award from 20 December 1996 to 20 June 1998 for Operation Joint Guard. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. It states that for block 12f to enter the total active duty performed outside continental United states during the period covered by the DD Form 214; for item 13 to list all awards and decorations from the Soldier's records; and for block 18, for Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty from 17 September 1980 through 30 September 2002 during a qualifying period of service for award of the Global War on Terrorism Service Medal. He is eligible for this award. 2. He is not eligible for award of the Global War on Terrorism Expeditionary Medal because he did not deploy to a qualifying location during the period for which this award is authorized. 3. He served in Korea from 13 October 1986 to 7 October 1987 during a qualifying period of service for award of the Korea Defense Service Medal. He is eligible for this award. 4. He served in Bosnia from 12 March to 14 October 1997 (Operation Joint Guard). He meets the criteria for award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal. Additionally, item 18 of his DD Form 214 does not reflect this deployment. 5. He was awarded the Army Good Conduct Medal (7th Award). His DD Form 214 only lists six awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000136 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000136 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2