PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                 3 May 2000
	DOCKET NUMBER:        AR1999032279

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was awarded the Army Achievement Medal, correction of his DD Form 214 to show his foreign service in Bosnia-Herzegovina from 1 March 1997 to 1 October 1997 and that his Scroll of Appreciation Award from 1st Infantry Division be added to his DD Form 214.

3.  The applicant states that due to his hardship discharge, he was unable to present his awards and certificates from Bosnia to show his foreign service from 1 March 1997 to 1 October 1997.  He also states that the above mentioned information is not shown on his DD Form 214.  In support of his application he submits a copy of an award certificate for the Army Achievement Medal, a copy of his DD Form 214, copy of 1st Infantry Division Scroll of Appreciation and a copy of his Honorable Discharge Certificate.

4.  The applicant’s military records show he entered active duty on 26 April 1995 as a construction equipment repairer and served until he was honorably discharged on 15 April 1998.

5.  The applicant provided a copy of an award certificate, which shows that he was awarded the Army Achievement Medal on 19 September 1997 for meritorious achievement as a heavy construction equipment repairer while deployed to Bosnia-Herzegovina from 1 March 1997 to 1 October 1997.

6.  The applicant provided a copy of a Scroll of Appreciation, which was awarded by 1st Infantry Division for outstanding support of successful peace enforcement operations in the Former Republic of Yugoslavia during Operation Joint Guard.

7.  Army Personnel Command Message with a Date/Time Group of 121605Z March 1999 authorized award of the Armed Forces Expeditionary Medal for service in support of Operations Joint Endeavor from 1 June 1992 to 
19 December 1996 and Joint Guard from 20 December 1996 to 20 June 1998 in the Republic of Bosnia-Herzegovina.  The message also states that the Secretary of Defense approved award of the Armed Forces Expeditionary Medal, in addition to the Armed Forces Service Medal to certain participants of Operations Joint Endeavor and Joint Guard as a one-time exception to Department of Defense and service policies.  The one-time exception is to permit the award of the two medals for the same operation and period of service.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or
60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

9.  Department of Defense 1348.33 (Manual of Military Decorations & Awards) provides, in pertinent part, for award of the Armed Forces Service Medal to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.      

10.  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 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.  However, for service in Bosnia-Herzegovina, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Bosnia-Herzegovina service would be reported in item 18 (Remarks) of the DD Form 214.

11.  Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

CONCLUSIONS:

1.  The applicant was awarded the Army Achievement Medal on 19 September 1997.  Therefore, he is entitled to correction of his records to show this award.

2.  Evidence of record shows the applicant served in Bosnia-Herzegovina in support of Operation Joint Guard 1 March 1997 to 1 October 1997.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Armed Forces Expeditionary Medal, the Armed Forces Service Medal and his dates of service in Bosnia-Herzegovina be reported in item 12f (Foreign Service) and item 18 (Remarks).

3.  Evidence of record shows that the 1st Infantry Division Scroll of Appreciation was awarded to the applicant.  However, in accordance with the governing regulation, Letters of Appreciation and similar documents are not recorded on the DD Form 214.

4.  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 showing that the individual concerned was awarded the Army Achievement Medal, the Armed Forces Expeditionary Medal, and the Armed Forces Service Medal;

b.  by showing the entry “0000 years, 07 months and 00 days” in item 12f (Foreign Service); and

c.  by showing the entry “BOSNIA-HERZEGOVINA SERVICE IN SUPPORT OF OPERATION JOINT GUARD:  970301-971001” in item 
18 (Remarks) on the DD Form 214 of the individual concerned. 

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

BOARD VOTE:  

RVO_____  JHK___  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O’Connor, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR1999032279	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19980415	
DISCHARGE AUTHORITY	AR 635-200  c, 6	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  71		
2.  1021		
3.  46		
4.		
5.		
6.