PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            01 JULY 2003                  
	DOCKET NUMBER:   AR2002079907

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen Y. Fletcher		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 that his 1997 separation document be corrected to reflect a second award of the Army Commendation Medal for the period 
12 October 1996 to 12 July 1997, the Armed Forces Expeditionary Medal, the German Schutzenschnur in Silver (German Marksmanship Badge), the Texas Federal Service Medal, and the Texas Outstanding Service Medal.  He also asks that the information in item 18 (remarks) on his separation document be changed to show that he served in the imminent danger pay area of Bosnia vice Hungary. He notes that the errors occurred when he was released from active duty in 1997 and that without a correction to add the additional decorations, he is concerned that the error will continue to be propagated on future separation documents.  In support of his request he submits a copy of his second Army Commendation Medal award, and copies of documents supporting award of the foreign marksmanship badge and Texas state awards.  He also submits evidence confirming his deployment to Bosnia where he was entitled to hostile fire pay as well as a copy of the message authorizing award of the Armed Forces Expeditionary Medal for service in Bosnia as part of Operation Joint Endeavor.

3.  In response to correspondence from a member of the Board’s staff, the applicant agreed that the period of service recognized by his second Army Commendation Medal (12 October 1996 to 12 July 1997) should be corrected in order to coincide with his period of active service (12 October 1996 to 3 July 1997) and concurred with any changes required to the dates of service in order for the award to be recorded on his 3 July 1997 separation document.

4.  Records available to the Board indicate that the applicant was a member of the Army National Guard when he was ordered to active duty in October 1996 in support of Operation Joint Endeavor.  Upon his activation, he was deployed to Germany.

5.  On 11 November 1996 the applicant was placed in a temporary duty statue for 45 days in Bosnia.  His December 1996 payment voucher confirms that the applicant received hostile fire pay in December.

6.  Upon completion of his temporary duty, the applicant returned to Germany and in February 1997 was awarded a German Army Marksmanship Badge (Schutzenschnur).  

7.  In April 1997 the applicant was recommended for his second award of the Army Commendation Medal.  He received his first Army Commendation Medal in 1994.  The 1997 award recommendation recognized the applicant’s meritorious 

service while assigned as the primary Joint Operations Planning and Execution Systems operator for the Redeployment Operations Center in Heidelberg, Germany.  The award noted the period of the applicant’s meritorious service as 12 October 1996 to 12 July 1997.  The award was approved on 18 June 1997 and confirmed in orders on 26 June 1997.

8.  The applicant was released from active duty on 3 July 1997.  His second award of the Army Commendation Medal, Texas State awards, foreign marksmanship badge, and Armed Forces Expeditionary Medal were not recorded on his separation document.  Additionally, item 18 (remarks) indicates that the applicant was deployed to Hungary during the period 11 November 1996 to 21 December 1996 vice Bosnia.

9.  Army Regulation 600-8-22, 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.  The award was approved for individuals who provided direct support to Operation Joint Endeavor and were deployed in the area of eligibility, which were the countries of Bosnia-Herzegovina or Croatia.

10.  Army Regulation 600-8-22 also states that foreign qualification and special skill badges may be accepted by United States soldiers if awarded in recognition of meeting the criteria, as established by the foreign government concerned.  It notes that although officers may accept German Army Marksman Badges they are not authorized for wear on the military uniform and not authorized to be recorded in the officer’s official military records.

11.  Army Regulation 635-5 provides for the preparation and distribution of the Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty).  It notes that item 13 (awards and decorations) will reflect awards and decorations for all period of service in the priority sequence specified in Army Regulation 600-8-22 (Awards and Decorations).  The Texas States awards are not listed in Army Regulation 600-8-22.

CONCLUSIONS:

1.  The Board is satisfied that the evidence provided by the applicant confirms that he was deployed to Bosnia between 11 November 1996 and 21 December 1996.  His temporary duty orders and receipt of hostile fire pay in December 

1996 support the applicant’s request that item 18 (remarks) should reflect his imminent danger pay area as “Bosnia” vice “Hungary.”  The Board concludes that it would be appropriate to correct his records accordingly.

2.  The Board also concludes that the applicant is entitled to an award of the Armed Forces Expeditionary Medal based on his participation in Operation Joint Endeavor.  His records should be corrected to reflect entitlement to that award.

3.  Although the applicant’s second award of the Army Commendation Medal indicates that the award was to recognize the applicant’s meritorious service between 12 October 1996 and 12 July 1997, clearly the intent of the award recommendation was to conclude the period of the award with the termination of the applicant’s period of active duty.  If the Board were to accept the recommendation and award as written and approved it would not be recorded on the applicant’s separation document in view of the fact that he was released from active duty on 3 July.  The applicant has concurred with correcting the ending date of the award to coincide with his separation date in order for the award to be recorded on his July 1997 separation document.  The Board concludes that it would be appropriate, and in the interest of justice and equity to change the ending date of the Army Commendation Medal to reflect 3 July 1997 vice 12 July and to then correct his records to show two awards of the Army Commendation Medal.

4.  The Texas States awards are not listed as decorations in Army Regulation 600-8-22 and as such are not recorded on an individual’s active duty separation document.

5.  Although the applicant’s is authorized to accept the German Army Marksmanship Badge (Schutzenschnur) because he is an officer, he is not authorized to wear the badge and as such it cannot be recorded in his official military records.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a.  by showing that his imminent danger pay area was “Bosnia” vice “Hungary”;

b.  by showing that he is entitled to the Armed Forces Expeditionary Medal:
c.  by correcting his second Army Commendation Medal to show that the period of meritorious service recognized by the award was from 12 October 1996 to 3 July 1997; and

d.  by showing that he was awarded two Army Commendation Medals.

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

BOARD VOTE:  

__TSK __  __MHM__  ___KYF _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Ted S. Kanamine_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002079907	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030701	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.