IN THE CASE OF: BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150009913 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her service in the Former Republic of Yugoslavia. 2. The applicant states, in effect: * she was part of Operation Joint Guard in the former Republic of Yugoslavia in 1997 * she deployed with a military police company which provided convoy security to Bosnia and other areas * her entire unit received a medal; she only recently found this out when she applied for a government job * she realized her service was not shown on her DD Form 214 at that time, but her husband's DD Form 214 did show this deployment (he too had deployed) 3. The applicant provides a DD Form 214. 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 19 August 1993. 3. She was honorably released from active duty on 21 March 1999. Her DD Form 214 shows she completed 5 years, 7 months, and 3 days of net active creditable service. Item 12f (Foreign Service) indicates 8 months and 18 days. There are no entries in item 18 (Remarks) which reflect her deployment to the former Republic of Yugoslavia. She was awarded or authorized: * Army Achievement Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Armed Forces Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Driver-W Bar 4. Her official military personnel file contains the following relevant documents: a. DA Form 2-1 (Personnel Qualification Record - Part II) which states in item 5 (Oversea Service) she was deployed to Bosnia from 3 March 1997 to 20 November 1997. b. Army Achievement Medal Certificate showing the applicant was recognized for outstanding achievement while deployed to Taszar, Hungary in support of Operation Joint Guard during the period 3 March 1997 to 17 November 1997 (a period of 8 months and 15 days). The Permanent Order (PO) Number for this award is listed as 321-45, dated 17 November 1997, issued by Headquarters, 111th Area Support Group. 5. According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) for the period1 March 1997 through 30 November 1997 for service in Croatia/Bosnia (a period of 9 months). 6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the completion of DD Form 214. No requirement existed in 1997 to show periods and locations of deployment in 1997 in the remarks section. It became a required entry, however, in later versions of the regulation. 7. Military Personnel Message (MILPER) 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 and 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 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 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 and Operation Joint Guard. DISCUSSION AND CONCLUSIONS: 1. DFAS shows the applicant served in Croatia/Bosnia during the period 1 March 1997 through 30 November 1997 (a period of 9 months). a. DFAS is considered the authoritative source when determining foreign service credit based on receipt of HF/IDP and CZTE. b. While not showing location, her DD Form 214 states she had 8 months and 18 days of foreign service. c. The regulation did not require listing periods of deployment in 1997, it became a requirement in subsequent versions of the regulation. Based on the foregoing, and as a matter of equity, it would be appropriate to revise the period listed in item 12f of her DD Form 214 to show 9 months, and to reflect in item 18 her deployment to Croatia/Bosnia from 1 March 1997 through 30 November 1997. 2. Her service in Bosnia qualifies her for the award of the Armed Forces Expeditionary Medal. This award is not currently listed on her DD Form 214. 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 the Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 21 March 1999 as follows: a. In item 12f, delete the entry "0000/08/18" and replace it with the entry "0000/09/00." b. Add to item 13 the Armed Forces Expeditionary Medal. c. In item 18 add the remark "Service in Croatia/Bosnia 19970301-19971130." _______ _ __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) AR20150009913 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009913 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1