IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150005334 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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he was deployed with his unit in support of Operation Joint Endeavor. He would like his DD Form 214 to show his foreign service credit. He has an identification (ID) card and letter stating he was in fact deployed. He wants his records to be accurate and complete. 3. The applicant provides copies of his Date of Deployment memorandum and Peace Implementation Force ID Card. 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 the cases 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. 2. The applicant enlisted in the Regular Army (RA) on 25 March 1993 and he held military occupational specialty 63B (light wheeled vehicle mechanic). He reenlisted in the RA on 7 September 1995. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows: * he arrived in Germany on 22 November 1993 and was assigned to Company D, 123rd Support Battalion, Baumholder, Germany from 24 November 1993 until his separation from active duty * Item 9 (Awards, Decorations, and Campaigns) – the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 4. His records contain and he provided a copy of Date of Deployment memorandum, dated 5 March 1996, in which the Rear Detachment Commander, C/D Company, 123rd Main Support Battalion, advised the 8th Finance that the applicant deployed on 6 January 1996 and was down range from 8 January through 11 February 1996. It further stated he was entitled to his FSA (taken to mean family separation allowance). 5. He also provided a copy of his Peace Implementation Force ID Card with an expiration date of January 1997. 6. His records also contain a Clearance Without Paperwork memorandum in which the Rear Detachment Commander, C/D Company, 123rd Main Support Battalion, requested the applicant be allowed to clear without his physical training and reenlistment cards as those items were left in Bosnia at the time he returned to Germany. 7. He was honorably released from active duty on 15 April 1996 in the rank of specialist four (SP4). He was credited with completing 3 years and 21 days of net active service and no time lost. His DD Form 214 lists in: * Item 12f – 00-00-00 * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awards or Authorized) – the: * Army Service Ribbon * Drivers Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 18 (Remarks) – no service in Bosnia or other overseas location 8. His records do not contain orders awarding him the Army Good Conduct Medal. His records further do not contain a commander's disqualification memorandum or any derogatory information in the form of a suspension of favorable personnel actions, record of lost time, a court-martial conviction, or a record of nonjudicial punishment. 9. On 28 May 2015, a staff member of the Defense Finance and Accounting Services verified that there was no report of hostile fire/imminent danger pay nor combat zone tax exclusion for the applicant. 10. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 12f – would list credit for all foreign service completed during the period covered by the DD Form 214 * Item 18 – for active duty Soldiers deployed with his/her unit during their continuous period of active duty, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" 11. Army Regulation 600-8-22 (Military Awards) states the: a. Armed Forces Expeditionary Medal 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. The Armed Forces Expeditionary Medal is authorized for qualifying service in the former Republic of Yugoslavia during Operation Joint Endeavor/Joint Guard from 1 June 1992 through 20 June 1998. b. Armed Forces Service Medal may be awarded 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. Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility. The Armed Forces Service Medal is authorized for qualifying service in Operation Joint Endeavor from 1 June 1992 through 19 December 1996 and Operation Joint Guard from 20 December 1996 through 20 June 1998. c. Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified. d. National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 12. Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor/Joint Guard in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 1 June 1992 through 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 through 20 June 1998 (Operation Joint Guard). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor/Joint Guard. 13. Global Security.com, an internet site, stated in the December 1995, the 123rd Main Support Battalion deployed to the former Yugoslavia for Operation Joint Endeavor, to support the 1st Armored Division in peace keeping operations that ended the fighting in the region. The Battalion returned to Dexheim, Germany in December 1996 and continued to provide support to 1st Armored Division units deployed to Bosnia-Herzegovina. DISCUSSION AND CONCLUSIONS: 1. Evidence indicates the applicant served in Germany from 22 November 1993 until on or about the time of his discharge on 15 April 1996. Item 12f of his DD Form 214 should be corrected to show foreign service credit of 2 years, 4 months, and 25 days. Item 18 of this form should be corrected to show he deployed to Bosnia from 8 January 1996 through 11 February 1996. 2. He served in Bosnia from January to February 1996 in support of Operation Joint Endeavor. This period of service qualifies him for the Armed Forces Expeditionary Medal and Armed Forces Service Medal. These awards are not listed on his DD Form 214. 3. He served honorably during the period from 25 March 1993 through 15 April 1996 and attained the rank of SP4. His record is void of any derogatory information that would have disqualified him for his initial award of the Army Good Conduct Medal. It appears, he met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 25 March 1993 through 24 March 1996 and its addition to his DD Form 214. 4. He also completed a qualifying period of service for award of the National Defense Service Medal and his DD Form 214 does not list this award. 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: * awarding him the Army Good Conduct Medal (1st Award) for the period of service from 25 March 1993 through 24 March 1996 * deleting from item 12f of his DD Form 214 the entry "00-00-00" and replacing it with the entry "02-04-25" * adding to item 13 of his DD Form 214: * Army Good Conduct Medal (1st Award) * Armed Forces Expeditionary Medal (Bosnia) * Armed Forces Service Medal * National Defense Service Medal * "SERVICE IN BOSNIA FROM 19960108-19960211" _______ _ _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. ABCMR Record of Proceedings (cont) AR20150005334 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005334 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1