BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017678 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 BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017678 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 May 2000 by: a. Amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded or authorized the: * Army Achievement Medal * Armed Forces Expeditionary Medal * Armed Forces Service Medal b. Amending item 18 (Remarks) by adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19971003 - 19980228." 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 amending his DD Form 214 to show he was authorized the North Atlantic Treaty Organization Medal. ______________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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017678 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 or Release or Discharge from Active Duty) to show he was awarded or authorized the Army Achievement Medal (AAM), the Armed Forces Service Medal (AFSM), and the North Atlantic Treaty Organization (NATO) Medal, and to document his deployment to Bosnia. 2. The applicant states he was stationed with Headquarters and Headquarters Company, 1st Battalion, 36th Infantry Regiment, 1st Armored Division, and he deployed to Camp Bedrock, Bosnia, from September 1997 to February 1998. This deployment and his AAM, AFSM, and NATO Medal are not documented on his DD Form 214. In a follow-up email, he states his company commander during the deployment was a Captain (CPT) R.C. and his maintenance team chief was Sergeant First Class (SFC) M.C. 3. The applicant provides his team chief's NATO Medal Certificate. 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. After serving in the Army National Guard (ARNG), the applicant enlisted in the Regular Army on 9 January 1991. 3. The applicant served with Headquarters and Headquarters Company, 3rd Battalion, 5th Cavalry Regiment, 1st Brigade, 1st Armored Division, in the Federal Republic of Germany from on or about 20 December 1996 through on or about 19 December 1999. 4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty on 2 May 2000. His DD Form 214 shows in: a. Item 12f (Foreign Service), the entry "0003 04 13," meaning he was credited with 3 years, 4 months, and 13 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the absence of an entry that shows he was awarded or authorized the AAM, AFSM, or NATO Medal. c. Item 18 (Remarks), the absence of an entry that shows he deployed to or participated in any named operations. 5. The applicant's record contains a DA Form 4980-18 (AAM Certificate) that shows he was awarded the AAM for meritorious service during Operation Joint Guard in Bosnia-Herzegovina, from 29 September 1997 through 15 February 1998, while serving as a member of Task Force 1-36 and Company D, 1st Battalion, 36th Infantry Regiment. This certificate is annotated as Permanent Orders Number 021-020, dated 21 January 1998. 6. Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia-Herzegovina from on or about 3 October 1997 through on or about 28 February 1998. 7. The applicant's record is void of a foreign award certificate showing he was authorized the NATO Medal for service in Bosnia-Herzegovina. 8. The applicant provides an email stating his company commander during his deployment to Bosnia-Herzegovina was CPT R.C. and his team chief was SFC M.C. Additionally, he provides SFC M.C.'s NATO Medal Certificate that authorized SFC M.C. the NATO Medal for service in the former Yugoslavia (Bosnia-Herzegovina) during the period 6 October 1997 to 27 February 1998. 9. On or about 9 May 2017, the applicant's company commander, CPT R.C., confirmed to a member of the ABCMR staff by telephone conversation that the applicant was attached to his unit (Company D, 1st Battalion, 36th Infantry Regiment) as a member of his maintenance contact team during the deployment to Bosnia-Herzegovina in support of Operation Joint Guard. He further stated that SFC M.C. was the applicant's immediate supervisor. He also authorized the ABCMR staff member to access his personnel records, if needed, to substantiate any information in the assistance of providing relief for the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. Table 2-4 shows that the AFEM is authorized for eligible participants in Operation Joint Guard during the period from 20 December 1996 through 20 June 1998. b. The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-6 shows that the AFSM is authorized for eligible of Operation Joint Guard during the period from 20 December 1996 through 20 June 1998. c. The NATO Medal is awarded by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of specific NATO operations. Operations related to the former Republic of Yugoslavia (Bosnia-Herzegovina) from 1 July 1992 through 12 October 1998 have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal. 2. The U.S. Army Human Resources Command (HRC), Military Awards Branch website provides information pertaining to military awards. It also provides links to Military Personnel (MILPER) messages. a. MILPER Message 11-200, issued 29 June 2011, subject: Updated NATO Policy Regarding Requests for the NATO Medal by U.S. Army Soldiers, shows that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area. It also shows that effective 1 January 2011, the NATO Medal for previous NATO operations that ended over two years ago will no longer be processed or issued, including operations related to the former Yugoslavia (Bosnia-Herzegovina). b. The HRC, Military Awards Branch website contains a "Frequently Asked Questions" section concerning military awards. The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a NATO Medal Certificate. 3. The National Defense Authorization Act of Fiscal Year 98, designated participation by service members in Operation Joint Guard between 20 December and 20 June 1998 in the Republic of Bosnia-Herzegovina as meeting the requirements for award of the AFEM. The Secretary of Defense approved award of the AFEM in addition to the AFSM to participants of Operation Joint Guard as a one-time exception to Department of Defense and service policies. The one-time exception permitted the award of two medals for the same operation and period of service. 4. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Item 18 (Remarks) documents a Soldier's participation in foreign deployments in support of named operations. For active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" was entered in item 18. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was awarded or authorized the AAM, AFSM, and NATO Medal, and to document his deployment to Bosnia. 2. Permanent orders awarded the applicant the AAM for his service during Operation Joint Guard in Bosnia-Herzegovina during the period 29 September 1997 through 15 February 1998. This award is not listed on his DD Form 214. 3. DFAS records show the applicant received HF/IDP and CZTE from on or about 3 October 1997 through on or about 28 February 1998. This is the approximate time period in which he was award the AAM for service in Operation Joint Guard in Bosnia-Herzegovina. Item 18 of his DD Form 214 does not show this operational deployment. 4. As a result of the aforementioned, he served a qualifying period for service for the AFEM and AFSM, which were authorized by the Secretary of Defense at that time. These awards are not listed on his DD Form 214. 5. The applicant contends he should be authorized the NATO Medal; however, his record is void of a certificate that shows he was authorized the NATO Medal for service in Bosnia-Herzegovina. He provides a NATO Medal Certificate authorizing the NATO Medal to his team chief, for approximately the same time period he served in Bosnia, as confirmed by his company commander at that time. 6. However, the applicant lacks a NATO Medal Certificate issued by the Secretary General of NATO, which is required in order to add the NATO Medal to the DD Form 214. When a NATO Medal Certificate was not issued during the period a Soldier was deployed, approval is required from the Supreme Headquarters Allied Powers Europe (SHAPE) J-1. Effective 1 January 2011, NATO no longer accepts requests for medals submitted more than 2 years past the period of deployment; the applicant's deployment is outside this 2-year window. 7. Additionally, the NATO Medal is not an Army award; therefore, the Board has no authority to award it. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017678 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017678 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2