IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150014108 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150014108 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from her DD Form 214, item 13, the "Army Good Conduct Medal;" b. adding to item 13 of her DD Form 214 the – * Army Good Conduct Medal (2nd Award) * Armed Forces Expeditionary Medal * Armed Forces Service Medal * United Nations Service Medal * North Atlantic Treaty Organization Medal * Army Superior Unit Award c. adding to item 18 of her DD Form 214 the following entries: * "SERVICE IN MACEDONIA FROM 19950517–19951030" * "SERVICE IN BOSNIA-HERZEGOVINA FROM 19951227–19960607" 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Joint Meritorious Unit Award. ___________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: 13 December 2016 DOCKET NUMBER: AR20150014108 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 show her overseas deployments in support of Operation Joint Endeavor (OJE) and all authorized awards. 2. The applicant states, in effect, she served in Macedonia and in Bosnia-Herzegovina in support of OJE. 3. The applicant provides copies of: * deployment orders and associated memoranda * United Nations Service Medal (UNSM) Certificate * North Atlantic Treaty Organization (NATO) Certificate and Citation * Joint Meritorious Unit Award (JMUA) Citation * Army Superior Unit Award (ASUA) Citation – Task Force (TF) Eagle 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 (RA) on 10 February 1992 for a period of 4 years. She was awarded military occupational specialty 92A (Automated Logistics Specialist) and promoted to specialist (E-4) on 10 April 1994. She reenlisted in the RA on 17 January 1996 for a period of 3 years. 3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service): Germany – 13 July 1994 through 12 July 1996 * item 35 (Record of Assignments): Headquarters and Headquarters Company (HHC), 7th Battalion, 227th Aviation (7-227 AVN), Hanau, Germany 4. Detachment A, 55th Personnel Services Battalion (PSB), Europe, Permanent Orders (PO) 123-030, dated 3 May 1995, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 10 February 1992 to 9 February 1995. 5. Bravo Detachment, 18th PSB, Fort Bragg, NC, PO 278-133, dated 5 October 1998, awarded the applicant the Army Good Conduct Medal (2nd Award) for the period 10 February 1995 to 9 February 1998. 6. The applicant's DD Form 214 shows she entered active duty on 10 February 1992 and was honorably discharged on 10 January 1999 based on disability (with severance pay). She had completed 6 years, 11 months, and 1 day of total active service this period. It also shows in: * item 12 (Record of Service), block f (Foreign Service): 2 years, 0 months, and 0 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Lapel Button * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * item 18 (Remarks), no entry that the applicant deployed to a foreign country with her unit 7. In support of her application the applicant provides the following documents. a. Detachment A, 55th PSB (Europe), Orders 104-13, dated 14 April 1995, that assigned the applicant to HHC, 3rd Battalion, 12th Infantry (3-12 IN), on 21 May 1995, for deployment and participation in Operation Able Sentry IV for a period of 179 days. b. Headquarters, 7-227 AVN Regiment, memorandum, dated 18 December 1995, that shows the commander certified the deployability and training status of 7-227 AVN , TF Eagle personnel. (The applicant's name is listed on the attached Unit Alpha Roster.) c. Headquarters, TF Comanche, OPORD (Operations Order) 95-425 (Comanche Endeavor), dated 19 December 1995, that shows 7-227 AVN, 4th Brigade, 1st Armored Division, was assigned to TF Comanche and deployed to Bosnia-Herzegovina, in support of OJE, on 19 December 1995, for a period not to exceed 364 days. d. Headquarters, 4th Brigade (Forward), OJE, memorandum, dated 17 April 1996, that appointed the applicant as mail clerk, effective 17 April 1996. e. Two memoranda, dated 20 April and 25 April 1996, subject: Retrogrades, that show the commander and the brigade adjutant, respectively, requested the applicant be manifested for travel to Hanau, Germany, on 6-9 June 1996, due to her upcoming date eligible to return from overseas (12 July 1996). f. UNSM Certificate that awarded the applicant the UNSM for service with the United Nations Protection Force (UNPROFOR) during the period 20 May 1995 to 1 November 1995. g. NATO Certificate and Citation that awarded the applicant the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia (FRY) during the period May 1995 to October 1995. h. JMUA Citation that shows the JUMA was awarded to U.S. Armed Forces personnel assigned to the NATO Southern Region Headquarters and the Press Information Forces who distinguished themselves by exceptionally meritorious service from 10 April 1994 to 7 November 1996. The cited units included: * Headquarters, Allied Forces Southern Europe * Headquarters, Allied Air Forces Southern Europe * Headquarters, Allied Land Forces Southern Europe * Headquarters, Allied Naval Forces Southern Europe * Headquarters, Naval Striking and Support Forces Southern Europe * Headquarters, Fifth Allied Tactical Air Force * Headquarters, Maritime Air Forces Mediterranean * Headquarters, Allied Submarines Mediterranean * Headquarters, Allied Command Europe Rapid Reaction Corps * Commander for Support * Headquarters, Special Operations Command, Peace Implementation Force i. ASUA Certificate that shows the ASUA was awarded to U.S. Armed Forces personnel assigned to the 1st Armored Division, Task Force Eagle, and participating units for exceptionally meritorious service from 10 April 1994 to 7 November 1996. A review of the list the applicant provided of TF Eagle units participating in OJE during the period of the ASUA fails to show 7-227 AVN, 3-12 IN, 4th AVN Brigade or TF Comanche. 8. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE), as follows: * from 17 May 1995 through 30 October 1995 for Macedonia * from 27 December 1995 through 7 June 1996 for Bosnia-Herzegovina 9. A review of the U.S. Army Human Resources Command, Military Awards Branch, Unit Awards databases, revealed: a. Headquarters, Department of the Army, General Orders Number 25, dated 8 June 2001, in pertinent part, awarded the ASUA for meritorious service to TF Force Eagle (Implementation Force), 1st Armored Division, for the period 15 October 1995 to 10 December 1996, and assigned or attached units, including, in pertinent part, 7th Battalion, 227th Aviation. b. This review failed to reveal any other unit awards pertaining to any of the units the applicant was assigned or attached to during the period of service under review. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Armed Forces Expeditionary Medal (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) shows the AFEM was authorized for service in FRY in support of OJE and Operation Joint Guard (OJG) from 1 June 1992 to 28 June 1998, only for participants deployed in Bosnia-Herzegovina and Croatia. c. 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 Armed Forces Service Medal (AFSM) to certain participants of OJE and OJG as a one-time exception to Department of Defense (DoD) 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. 2. 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 12, block f, 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: 1. The evidence of record shows the applicant served overseas, as follows: * Germany: 13 July 1994 through 12 July 1996 * Macedonia: 17 May 1995 through 30 October 1995 * Bosnia-Herzegovina: 27 December 1995 through 7 June 1996 a. Item 12, block f, of her DD Form 214 shows she completed 2 years of foreign service. b. Item 18 of her DD Form 214 does not show she deployed to Macedonia or to Bosnia-Herzegovina, or the inclusive dates of the deployments. 2. Records confirm the applicant served in Macedonia and Bosnia-Herzegovina in support of OJE. a. This service qualified her for award of the AFEM and the AFSM. b. DoD and Army awards policy allows a one-time exception to policy for award of both the AFEM and the AFSM for this service. c. The evidence of record shows she was awarded the UNSM for service with UNPROFOR and the NATO Medal for service in operations in FRY. 3. Permanent orders awarded her the Army Good Conduct Medal (2nd Award). 4. General orders awarded the ASUA to 1st Armored Division, TF Eagle (Implementation Force), including 7-227 AVN, for the period 15 October 1995 to 10 December 1996. 5. The evidence of record does not support correction of her records to show award of the JMUA. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014108 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014108 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2