BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160002860 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: 19 September 2017 DOCKET NUMBER: AR20160002860 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 for the period ending 17 February 2000 by: a. amending item 12f (Foreign Service) to show the entry "0000 09 00;" b. amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded or authorized the: * Army Achievement Medal (3rd Award) * Armed Forces Expeditionary Medal * Armed Forces Service Medal * Humanitarian Service Medal * North Atlantic Treaty Organization Medal * Overseas Service Ribbon * Army Superior Unit Award * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (9 mm) * Driver and Mechanic Badge with Driver – W Bar (Wheeled) c. amending item 18 (Remarks) by adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19970301-19971130." 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 National Defense Service 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: 19 September 2017 DOCKET NUMBER: AR20160002860 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) for the period ending 17 February 2000 to show his missing awards and decorations, including two Army Achievement Medals (AAM) and the National Defense Service Medal (NDSM). 2. The applicant states his original enlistment paperwork showed he was authorized the NDSM; however, someone drew a line through the entry. By regulation, he is authorized the NDSM because he enlisted prior to the ending of the issue date. 3. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 23 August 1995 * DA Form 2-1 (Personnel Qualification Record (PQR) – Part II) * DA Form 4980-18 (AAM Certificate), annotated as Permanent Orders Number 231-9, issued by Headquarters, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division on 19 August 1997 * AAM Certificate, annotated as Permanent Orders Number 219-03, issued by Headquarters, 2nd Battalion, 22nd Infantry Regiment on 1 August 1999 * DA Form 638 (Recommendation for Award), dated 9 August 1999 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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 23 August 1995, and he enlisted in the Regular Army on 1 February 1996. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 95B (Military Police). 3. The applicant's PQR shows he was assigned to the 108th Military Police (MP) Company (Air Assault), 16th MP Brigade (Airborne), Fort Bragg, NC, from on or about 2 August 1996 through on or about 17 February 2000. His PQR shows he was awarded or authorized the following awards and decorations during this period of assignment: * Army Good Conduct Medal * Army Service Ribbon * Parachutist Badge * Air Assault Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (9 mm) 4. The applicant's record contains the following documents: a. A memorandum from Commander, 16th MP Brigade, Fort Bragg, NC, dated 2 June 1997, which shows his name was included on a list of Soldiers authorized the Humanitarian Service Medal (HSM) for participation in the Hurricane Fran Disaster Relief Operation in North Carolina, during the period 5 September 1996 through 13 September 1996. b. Permanent Orders 303-002, issued by 461st Personnel Services Battalion, Task Force 35, Task Force Eagle, APO AE on 30 October 1997, which shows the applicant was awarded the Driver and Mechanic Badge with Driver – W Bar (Wheeled) for exemplary behavior, efficiency, and fidelity while on active duty, during the period 15 September 1996 through 14 September 1997. c. A memorandum from Headquarters, 108th MP Company (Air Assault), Camp Bedrock, Bosnia-Herzegovina, APO AE, dated 5 September 1997, subject: Armed Forces Service Medal (AFSM), which shows his name was included on a list of Soldiers authorized the AFSM for service rendered in support of Operation Joint Guard while deployed to Bosnia-Herzegovina. d. A North Atlantic Treaty Organization (NATO) Certificate, signed by The Secretary General of NATO, awarding the NATO Medal for service in NATO operations related to the Former Yugoslavia, during the period 23 March 1997 through 18 November 1997. e. General Orders Number 25, issued by Headquarters, Department of the Army on 8 June 2001, which shows the Army Superior Unit Award was awarded to the 108th MP Company, as part of Task Force Eagle, 1st Infantry Division, for meritorious service in connection with difficult and challenging missions during peacetime during the period 5 April 1997 through 21 October 1997. f. A DA Form 638, annotated as Permanent Orders 074-7, dated 14 March 2000, which shows he was awarded the AAM for exceptional meritorious service during the period 31 July 1996 through 1 February 2000. This award was approved as an expiration term of service award. 5. The applicant was honorably released from active duty on 17 February 2000, by reason of hardship, and was transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows in: a. Item 12f (Foreign Service), the entry "0000 00 00," meaning he was not credited with any foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the following entries: * Army Good Conduct Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * Air Assault Badge * Army Lapel Button c. Item 18 (Remarks), the absence of an entry that shows he deployed to or participated in any named operations. 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 1 March 1997 through on or about 30 November 1997, a period of 275 days or 9 months. 7. The applicant provides the following evidence: a. An AAM certificate from Headquarters, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division, annotated as Permanent Orders Number 231-9, dated 19 August 1997. This certificate and corresponding permanent orders show he was awarded the AAM for meritorious service during Operation Joint Guard, as part of Task Force Eagle at Camp Bedrock, Bosnia-Herzegovina, during the period 1 February 1997 through 18 November 1997. b. An AAM certificate from 2nd Battalion, 22nd Infantry Regiment, Fort Drum, NY, annotated as Permanent Orders Number 219-03, dated 9 August 1999. This certificate and corresponding permanent orders show he was awarded the AAM for meritorious service as a driver and observer controller, while attached to Task Force 2-22 Infantry at the United States Military Academy, West Point, NY, during the period 7 July 1999 through 7 August 1999. REFERENCES: 1. Army Regulation 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and USAR enlisted Soldiers for a variety of reasons. It states, in pertinent parts, that the DEP is a program where Soldiers may enlist and are assigned to the USAR Control Group (Delayed Entry) until they enlist/enter in the Regular Army. These Soldiers are categorized in the Individual Ready Reserve (IRR) until they enter active duty. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that: a. The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 (Korea), both dates inclusive; 1 January 1961 and 14 August 1974 (Vietnam), both dates inclusive; 2 August 1990 and 30 November 1995 (Persian Gulf); and 11 September 2001 to a date to be determined (Global War on Terrorism). (1) During the period 2 August 1990 through 30 November 1995 (Persian Gulf), Servicemembers on active duty, members of the Selected Reserve in good standing, and Servicemembers of other than the Selected Reserve who were called to active duty were eligible. (2) Servicemembers during this time, who were assigned to the IRR, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions, and like organizations, were not be eligible for the NDSM. b. 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. c. 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. d. The HSM is awarded to members of the Armed Forces of the United States who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense or DA approved military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. Table C-1, lists the approved operations, dates, and locations for which the HSM has been authorized. It includes the Hurricane Fran Disaster Relief Operation, for the inclusive dates of 5 - 13 September 1996 in the state of North Carolina. e. 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. f. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. g. The Marksmanship Qualification Badge is awarded to indicate the degree (i.e. Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record firing course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. 3. Military Personnel (MILPER) Message Number 99-100 (Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor (OJE) and Joint Guard (OJG)), issued on 12 March 1999, 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 OJE and OJG 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 (OJE) and 20 December 1996 to 20 June 1998 (OJG). The exception also allowed only one award of each service medal for service in either or both OJE and OJG. 4. Army Regulation 614-30 (Overseas Service) provides policy and guidance on the eligibility and selection criteria for overseas service in a permanent change of station (PCS) status under routine conditions as well as contingency operations and deployments. Table 3-3 (Award of tour credit) of the version in effect at the time provided that when a Soldier served 9 months in a continuous temporary change of station (TCS) or temporary duty (TDY) status in areas where the "all-others" tour length is up to 18 months, or in isolated areas where tour lengths have not been established are credited with a completed tour. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It provides that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. Chapter 2 contains specific guidance for preparation of the DD Form 214. It provides that for: a. item 12f, the preparer should enter the total amount of foreign service credited to the separating Soldier during the period covered by the DD Form 214; b. item 13, the preparer should list the separating Soldier's awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and c. item 18, for separating active duty Soldiers who deployed with their unit during their continuous period of active service, the preparer should enter the following statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was awarded or authorized two AAMs and the NDSM. 2. Permanent orders awarded the applicant the AAM on three separate occasions, on 19 August 1997, 1 August 1999, and 14 March 2000, respectively; however, these awards are not listed on his DD Form 214. 3. DFAS records show the applicant received HF/IDP and CZTE for service in Bosnia-Herzegovina from on or about 1 March 1997 through on or about 30 November 1997. This coincides with the time period in which he was awarded the AAM for service in Operation Joint Guard in Bosnia-Herzegovina. Items 12f and 18 of his DD Form 214 do not show his period of foreign service or this operational deployment. 4. The applicant served a qualifying period for service for the AFEM and AFSM, which were authorized by the Secretary of Defense at the time. These awards are not listed on his DD Form 214. 5. The applicant was authorized the HSM for Hurricane Fran Disaster Relief Operations in North Carolina. A memorandum verified he was present at the time and participated in relief efforts. This award is not listed on his DD Form 214. 6. The applicant was awarded the NATO Medal for service in operations related to the Former Yugoslavia, during the period 23 March 1997 through 18 November 1997. The accompanying NATO Certificate is not shown on his DD Form 214. 7. The applicant served a qualifying period for entitlement to the OSR; however, this award is not listed on his DD Form 214. 8. Department of the Army General Orders awarded his unit of assignment while deployed to Operation Joint Guard in Bosnia-Herzegovina the Army Superior Unit Award; however, this award is not listed on his DD Form 214. 9. Permanent orders awarded the applicant the Driver and Mechanic Badge with Driver – W Bar (Wheeled) for the period of service from 15 September 1996 to 14 September 1997; however, this award is not listed on his DD Form 214. 10. The applicant's DA Form 2-1 shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (9 mm). However, these marksmanship qualification badges are not shown on his DD Form 214. 11. The applicant contends he should be authorized the NDSM since he enlisted on 23 August 1995 and thus fell under an authorized period of service for the award. However, he enlisted in the USAR under the DEP program and did not enter the Regular Army until 1 February 1996. In accordance with applicable regulations, the DEP is a program where Soldiers may enlist and are assigned to the USAR Control Group (Delayed Entry) until they enlist/enter in the Regular Army. These Soldiers are categorized as in the IRR until they enter active duty. The governing awards regulation provides that Soldiers in the IRR are not eligible for the NDSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002860 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2