BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150005060 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 his foreign service and the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states he served in Bosnia-Herzegovina with Troop C, 1st Squadron, 4th Cavalry, in support of Operation Joint Endeavor (OJE) from 3 January 1996 to 22 August 1996. He states the absence of his foreign service in support of OJE and award of the AFEM on his DD Form 214 prevents him from receiving veterans’ preference eligibility for government employment. He was awarded the United Nations Medal; however, that medal does not qualify him for veterans’ preference. He adds that the AFEM was not authorized for service in support of OJE until after he was released from active duty (REFRAD). 3. The applicant provides copies of the following documents: * his DD Form 214 * Operations Order (OPORD) 95-425 * OJE, Task Force Eagle, Certificate of Appreciation * North Atlantic Treaty Organization (NATO) Certificate * DD Form 2648 (Preseparation Counseling Checklist) * memorandum for record (MFR) * 8th Finance Battalion Redeployment Certification Checklist * Standard Form (SF) 600 (Chronological Record of Medical Care) * AFEM award criteria for OJE CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 9 August 1994 for a period of 2 years and 16 weeks. He was awarded military occupational specialty 11C (Indirect Fire Infantryman) and promoted to specialist/pay grade E-4 on 9 October 1996. 2. A review of the applicant's official military personnel file (OMPF) revealed, in pertinent part, the following documents: * 2nd Brigade Combat Team, 1st Armored Division, OJE, Task Force Eagle, Certificate of Appreciation, presented for outstanding service in support of OJE in Bosnia-Herzegovina from 1 January 1996 to 21 August 1996 * NATO Certificate that awarded him the NATO Medal for service with NATO during operations in relation to the former Yugoslavia during the period 3 January 1996 to 22 August 1996 3. The applicant's DD Form 214 shows he entered active duty on 9 August 1994, was honorably REFRAD on 30 November 1996, and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 2 years, 3 months, and 22 days of active service this period. It also shows in: a. item 12 (Record of Service), block f (Foreign Service): 1 year, 10 months, and 6 days; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Joint Meritorious Unit Award * Army Service Ribbon * Overseas Service Ribbon * United Nations Medal c. item 18 (Remarks): no entry that the applicant deployed to a foreign country with his unit. 4. In support of his application the applicant provides the following documents. a. OPORD 95-425 (Iron Endeavor 95), dated 12 December 1995, that shows Headquarters and Headquarters Company, 2nd Brigade, 1st Armored Division, along with the identified units, deployed to Bosnia-Herzegovina in support of OJE, on or about 24 December 1995, for assignment to Task Force Eagle. b. DD Form 2648, dated 9 May 1996, that shows, in pertinent part, he was assigned to Troop C, 1st Battalion, 4th Cavalry, and participated in OJE. c. MFR, dated 19 August 1996, that shows the squadron commander authorized the applicant to depart Bosnia on 22 August 1996, to return to Schweinfurt, Germany to out-process for departure on transition leave. d. 8th Finance Battalion Redeployment Certification Checklist, dated 23 August 1996, pertaining to the applicant that shows: * he departed his permanent duty station on 30 December 1995 * arrived in Bosnia on 4 January 1996 * arrived in Hungary on 22 August 1996 * departed Hungary on 23 August 1996 e. SF 600, OJE Redeployment Medical Screening, dated 23 August 1996, that shows he entered the theater of operations (TO) on 4 January 1996, left the TO on 22 August 1996, and that he was in good health. f. AFEM award criteria that shows the Secretary of Defense approved award of the AFEM, in addition to the Armed Forces Service Medal (AFSM) to qualifying service members participating in or providing direct support to OJE or Operation Joint Guard. 5. A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM). This review also failed to reveal any adverse or derogatory information, or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 6. The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 4 January 1996 through 23 August 1996 for Bosnia. 7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. b. The AFEM is authorized for qualifying service after 1 July 1958 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 been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations. c. Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of OJE and Operation Joint Guard (OJG) from 1 June 1992 to 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia. d. Headquarters, U.S. Army Personnel Command, Military Personnel Message Number 99-100, issued 12 March 1991, subject: Award of the AFEM for OJE and OJG, shows the Secretary of Defense approved award of the AFEM in addition to the AFSM to certain participants of OJE and OJG as a one-time exception to Department of Defense and service policies. (1) The one-time exception was to permit the award of the two medals for the same operation and period of service. (2) Award of the AFEM is limited to those participants in, or those providing direct support to, OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia; aboard U.S. Naval vessels operating in the Adriatic Seas; or aboard aircraft in the respective air spaces. e. The NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of the above NATO operations. The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO. U.S. service members are authorized to retain the ribbon clasp presented, but may not wear the clasp. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; b. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records; and c. item 18, for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Bosnia-Herzegovina in support of OJE. a. The NATO certificate shows his service in Bosnia began on 3 January 1996. However, three records (i.e., finance redeployment checklist, medical redeployment screening, and DFAS record) show he arrived on 4 January. In addition, four records (i.e., NATO certificate, redeployment MFR, finance redeployment checklist, and medial redeployment screening) show he departed Bosnia on 22 August 1996. Thus, it is reasonable to conclude that the applicant served in Bosnia-Herzegovina in support of OJE from 4 January 1996 through 22 August 1996. b. This service qualified the applicant for award of the AFEM and the AFSM. c. In addition, he was presented the NATO Medal for service with NATO on operations in relation to the former Yugoslavia, which has been approved for acceptance and wear by U.S. military personnel who serve under NATO command or operational control in direct support of the NATO operation. 2. The applicant served a period of continuous, honorable active duty enlisted service from 9 August 1994 through 30 November 1996. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He attained the rank of SPC (E-4) and served in support of OJE. c. Based on the available evidence, it would be appropriate to award the applicant the AGCM (1st Award) for the period from 9 August 1994 through 30 November 1996. 3. Therefore, it would be appropriate to correct his DD Form 214 as recommended below. BOARD VOTE: __X______ ___X_____ _X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 9 August 1994 through 30 November 1996 (Standard Name Line: SPC Troop C, 1st Squadron, 4th Cavalry, U.S. Army Europe); b. adding the following awards to item 13 of his DD Form 214: * Army Good Conduct Medal (1st Award) * Armed Forces Expeditionary Medal * Armed Forces Service Medal * North Atlantic Treaty Organization Medal c. adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19960104 - 19960822." _______ _ _______ ___ 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) AR20150005060 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005060 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1