IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018185 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: 22 August 2018 DOCKET NUMBER: AR20160018185 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: * deleting the current entry in item 12f * adding to item 12f – "0000 06 17" * adding to item 13 – Army Achievement Medal and North Atlantic Treaty Organization Medal * adding to item 18 – "Service in Bosnia 19980901 19990331" __________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: 22 August 2018 DOCKET NUMBER: AR20160018185 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Bosnia, the Army Achievement Medal, and the North Atlantic Treaty Organization (NATO) Medal. 2. The applicant states these items were omitted from his DD Form 214 due to administrative error. 3. The applicant provides – * DD Form 214 (Worksheet) * Permanent Order 212-008 dated 31 July 1998 * Permanent Order 054-69 dated 27 February 1999 * DA Form 638 (Recommendation for Award) for Army Achievement Medal * DA Form 4980-18 (Army Achievement Medal Certificate) * NATO Certificate ending on 3 April 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 Regular Army on 7 July 1993. 3. The Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account and verified he received hostile fire pay/imminent danger pay for service in Bosnia from 1 September 1998 to 31 March 1999. 4. The commanding officer of Task Force Medeagle, Operation Joint Forge located at Tuzla, Bosnia-Herzegovina awarded the applicant the Army Achievement Medal for his service from 3 August 1998 to 31 March 1999 by Permanent Order 054-69. 5. On 6 July 1999, the applicant was honorably released from active duty due to completion of required active service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was issued a DD Form 214 containing the following information: * item 12f (Record of Service – Foreign Service) – the entry "00 [years] 00 [months] 00 [days]” * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Army Achievement Medal or the NATO Medal * item 18 (Remarks) – no deployment history 6. The applicant provided the following evidence: a. Permanent Order 212-008 issued by Headquarters, U.S. Army Medical Department and School, Fort Sam Houston, TX on 31 July 1998 temporarily reassigned the 41st Combat Support Hospital from Fort Sam Houston, TX to Bosnia-Herzegovina in support of Operation Joint Guard. The effective date of movement was on or about 15 September 1998 for a period of 179 days, not to exceed 364 days. b. his NATO certificate showing he deployed in support of NATO operations to the former Yugoslavia during the period from 22 September 1998 to 3 April 1999. The Secretary General of NATO acknowledged his service and signed the Certificate. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the NATO Medal was authorized by the Secretary-General of NATO for specific NATO operations. The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary-General of NATO. Acceptance of the NATO Medal has been approved for United States military personnel who served under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through 12 October 1998. The normal period of service, which will be required as qualifying service, is 30 days, continuous or accumulated, in any single tour of duty, which is normally 180 days. 2. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management including the preparation of separation documents. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The source documents used in the preparation of the DD Form 214 include the Soldier's computer generated record brief, separation approval documents, and any other document authorized for filing in their official military personnel record. For item 12f, enter the total amount of service performed outside the continental United States during the period covered by item 12c. In addition, list all awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and list period(s) of deployed service and location in item 18. DISCUSSION: 1. DFAS confirmed the applicant received special pay from 1 September 1998 to 31 March 1999, a period of 7 months. DOD Number 7000.14-R states hostile fire pay and imminent danger pay are paid for the full month and will not be prorated. 2. Permanent orders awarded him the Army Achievement Medal for his period of service from 3 August 1998 to 31 March 1999 for service in Bosnia, the former Republic of Yugoslavia. This award was omitted from item 13 of his DD Form 214. 3. The unit deployment order stated his unit would deploy on or about 15 September 1998. For his service in the former Republic of Yugoslavia, he received a NATO Certificate for the period from 22 September 1998 to 3 April 1998. This certificate entitles him to the NATO Medal per regulatory guidance. 4. Regulation requires the entry of total foreign service and the location and dates of deployed service on the DD Form 214. Based on the deployment order, awards, and his own personal statement it appears he deployed on 15 September 1998, receiving a full month of specialty pay. While he states he served in Bosnia until 3 April 1999, his DFAS data does not support his contention. DFAS records show his foreign service tour ended on or about 31 March 1998, for a period of 6 months and 17 days. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2