IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010054 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010054 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending the following items of the 23 August 1999 DD Form 214 by: * deleting from item 13 the "Army Good Conduct Medal" * adding to in – * item 13 the – * Army Good Conduct Medal (2nd Award) * Armed Forces Expeditionary Medal * item 14 the entry, "Unit Supply Specialist Course, 8 Weeks, 1998" * item 18 the entry, "SERVICE IN BOSNIA-HERZEGOVINA FROM 19960104–19961104" _____________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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010054 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show additional military education, his deployment overseas, and awards. 2. The applicant states he completed the Unit Supply Specialist Course; he served in Bosnia-Herzegovina in support of Operation Joint Endeavor (OJE) from 4 January to 4 November 1996; and his service during OJE qualifies him for award of the Armed Forces Expeditionary Medal (AFEM). 3. The applicant provides copies of a deployment memorandum and certificate of affiliation. 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 had prior honorable enlisted service in the U.S. Army Reserve and the Army National Guard from 5 October 1990 through 5 January 1993. He was awarded military occupational specialty (MOS) 11B (Infantryman). 3. He enlisted in the Regular Army (RA) on 6 January 1993 for a period of 4 years. He was awarded MOS 64H (Concrete–Asphalt Equipment Operator). a. Through a series of reenlistments in the RA he continued to serve on active duty. b. He was promoted to sergeant/E-5 on 23 August 1996. He was subsequently awarded MOS 92Y (Unit Supply Specialist). 4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) – * Germany from 11 December 1994 through 9 December 1996 * Bosnia from 4 January through 4 November 1996 * item 9 (Awards, Decorations, and Campaigns) – * National Defense Service Medal * Army Service Ribbon * Army Achievement Medal (2nd Award) * North Atlantic Treaty Organization Medal * Armed Forces Service Medal (AFSM) * Army Superior Unit Award * Noncommissioned Officer (NCO) Professional Development Ribbon * Army Good Conduct Medal (1st Award) * Overseas Service Ribbon * item 17 (Civilian Education and Military Schools) does not list the Unit Supply Specialist Course 5. A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant attended the Unit Supply Specialist Course, 552-92Y1O, Class 52-98, U.S. Army Quartermaster Center and School, Fort Lee, VA, from 14 August 1998 through 8 October 1998, and that he exceeded course standards. 6. The applicant's DD Form 214 shows he was honorably discharged on 23 August 1999. He had completed 6 years, 7 months, and 18 days of net active service this period. It also shows in: * item 11 (Primary Specialty) – * 92Y2O, Unit Supply Specialist – 0 Years, 6 Months * 62H2O, Concrete–Asphalt Equipment Operator – 6 Years, 6 Months * 11B2O, Infantryman, 6 Years, 10 Months * item 12 (Record of Service), block f (Foreign Service): 1 year, 11 months, and 29 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Lapel Button * Army Achievement Medal (2nd Award) * Army Superior Unit Award * Army Good Conduct Medal * National Defense Service Medal * AFSM * NCO Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * item 14 (Military Education) – * Concrete and Asphalt Equipment Operator Course, 5 Weeks, 1993 * Concrete Equipment Course, 4 Weeks, 1993 * Primary Leadership Development Course, 4 Weeks, 1996 * Basic Operator Training Course, 1 Week, 1993 * Phase II Drivers Training Course, 2 Weeks, 1995 * Nuclear, Biological and Chemical Defense Course, 2 Weeks, 1998 * Unit Armorer Course, 2 Weeks, 1998 * item 18 (Remarks), no entry that shows the applicant deployed to a foreign country with his unit 7. Detachment B, 546th Personnel Services Battalion, 3rd Personnel Group, Fort Hood, TX, Permanent Order 306-016, dated 2 November 1998, awarded the applicant the Army Good Conduct Medal (2nd Award) for the period of service from 5 October 1995 to 4 October 1998. 8. In support of his application the applicant provides the following documents. a. Headquarters and Service Company, 94th Engineer Combat Battalion (Heavy), OJE, Memorandum for Record, dated 2 November 1996, that shows the commanding officer certified the applicant deployed to Bosnia-Herzegovina in support of OJE from 4 January to 4 November 1996. b. A Certificate of Affiliation that shows The Quartermaster General, U.S. Army, recognized the affiliation of the applicant with the U.S. Army Quartermaster Corps Regiment. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. 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. b. Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations), in pertinent part, shows the AFEM is authorized for U.S. military operations in: (1) Bosnia-Herzegovina and Croatia for: * OJE from 1 June 1992 to 19 December 1996 * Operation Joint Guard from 20 December 1996 to 20 June 1998 (2) It also shows members awarded the AFSM for qualifying service in Bosnia-Herzegovina and Croatia are authorized both the AFSM and AFEM pursuant to Public Law 105-85, section 572, in accordance with Secretary of Defense guidance approved on 24 February 1999. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, 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 shows for: a. 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 b. item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. c. A subsequent change to the Army regulation pertaining to item 18 shows 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: 1. Records show the applicant completed the 8-week, Unit Supply Specialist Course (MOS 92Y) on 8 October 1998. 2. Records show the applicant served in Bosnia-Herzegovina in support of OJE from 4 January 1996 to 4 November 1996. a. He was authorized the AFSM for this service. b. This service also qualified him for award of the AFEM. c. The evidence of record shows a one-time exception to policy for award of both the AFSM and AFEM for this service. 3. Permanent order awarded the applicant the Army Good Conduct Medal (2nd Award) for the period of service from 5 October 1995 to 4 October 1998. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010054 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010054 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2