IN THE CASE OF: BOARD DATE: 9 May 2023 DOCKET NUMBER: AR20220009535 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal, Armed Forces Service Medal, Armed Forces Expeditionary Medal, and his service in Bosnia. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Achievement Medal Certificate, Permanent Orders Number 255-035, 12 September 1997 * DD Form 214, 21 February 1999 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider the Armed Forces Expeditionary Medal or the Army Achievement Medal, as these awards will be addressed through an administrative correction. 3. The applicant enlisted in the Regular Army on 22 February 1995. He completed training and he was awarded military occupational specialty 88M (Motor Transport Operator). 4. A Certificate for award of the Army Achievement Medal, dated 25 September 1996, shows Permanent Orders Number 266-015, awarded him the Army Achievement Medal for meritorious service during a National Training Center rotation from 1 August 1996 to 31 August 1996. 5. A Certificate for award of the Army Achievement Medal, dated 12 September 1997, shows Permanent Orders Number 255-035, awarded him the Army Achievement Medal for meritorious service during a deployment to Operation Joint Guard from 27 March to 4 October 1997. 6. On 21 February 1999, he was honorably released from active duty upon the completion of his required active service. The DD Form 214 he was issued shows he performed 6 months and 26 days of foreign service. Block 18 (Remarks) does not show his deployed service in Bosnia. The form further shows he was awarded or authorized the: * Army Lapel Button * Army Good Conduct Medal * Armed Forces Service Medal * National Defense Service Medal * Army Service Ribbon * North Atlantic Treaty Organization Medal * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar 7. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account and verified his service in Bosnia from 1 March 1997 to 31 October 1997. (Note: DFAS only verifies receipt of hostile fire/imminent danger pay. DFAS does not verify inclusive dates of deployed service or deployment locations beyond the first qualifying country (e.g., Kuwait versus Iraq). DFAS pay records are not considered "source documents," but may be considered as supporting documents leading to a preponderance of the evidence. A second source document is required.) 8. Army Regulation 635-8 (Separation and Processing and Documents), establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering foreign service and remarks pertaining to deployment locations and through dates. ? BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant provides a certificate for award of the Army Achievement Medal, awarded for meritorious service during a deployment to Operation Joint Guard from 27 March to 4 October 1997. These dates are consistent with his DFAS pay records and the foreign service listed on his DD Form 214. The Board determined this deployment should be listed on his DD Form 214. Additionally, he qualifies for award of the Armed Forces Expeditionary Medal, and the addition of two awards of the Army Achievement Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the corrections addressed in Administrative Note(s) below, 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 adding to Block 8 (Remarks) of his DD Form 214 the entry “Service in Bosnia, Operation Joint Guard, 27 March to 4 October 1997. 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. ADMINISTRATIVE NOTE(S): make the following administrative corrections to the applicant's DD Form 214 for the period ending on 21 February 1999 without action by the Board to add the: * Army Achievement Medal (2nd Award) * Armed Forces Expeditionary Medal REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia). 3. Military Personnel Message Number 99-100 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 Operations Joint Endeavor and Joint Guard 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 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard). 4. Army Regulation 635-8, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering foreign service and remarks pertaining to deployment locations and through dates: * block 12f (Foreign Service) enter the total amount of service performed outside the Continental United States (OCONUS) during the period covered by the DD Form 214, to include deployments. List periods of deployed service in block 18 (Remarks); and * block 18 for an active duty Soldier, list any/all OCONUS deployments completed during the period of the DD Form 214 being created, the statement "Service in (Name of Country Deployed) From (inclusive dates)" 5. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009535 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1