IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230004292 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show/add: * foreign service in Bosnia-Herzegovina from 25 March to 1 August 1998 * North Atlantic Treaty Organization Medal * Armed Forces Expeditionary Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Stabilization Force (SFOR) Identification Badge * Certificate of Training, Operation Joint Guard Combat Maneuver Training Center, 1 April to 3 April 1997 * Orders 013-168, Detachment A, 38th Personnel Services Battalion, 13 January 1998 * Movement FRAGO #7420D, Movement Operations Center, 10 March 1998 * DD Form 1351-2 (Travel Voucher or Subvoucher), 12 August 1998 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 applicant states he was deployed to Bosnia from 25 March to 1 August 1998 and stationed at Slavonski Brod. The North Atlantic Treaty Organization Medal and Armed Forces Expeditionary Medal are not listed on his DD Form 214. 3. There is sufficient evidence of record to justify administrative correction of the applicant's DD Form 214, without action by the Board, to add the Armed Forces Expeditionary Medal and the Armed Forces Service Medal. 4. The applicant enlisted in the Regular Army on 6 August 1996. He served in military occupational specialty 95B (Military Police). 5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he was assigned to the 615th Military Police Company, Germany, from 27 December 1996 to 18 December 1998; a period of 1 year, 11 months, and 22 days. 6. The applicant provides: a. Operation Joint Guard Certificate of Training which shows he completed Individual Replacement Training at the Combat Maneuver Training Center from 1 April to 3 April 1997. b. Orders 013-168 issued by Detachment A, 38th Personnel Services Battalion on 13 January 1998, which deployed him in support of Operation Joint Guard with a proceed date of 16 January 1998. c. Headquarters, U.S. Army Europe Movement Order dated 10 March 1998, which does not identify the applicant by name. d. DD Form 1351-2 (Travel Voucher or Subvoucher) completed by the applicant, which shows: * he departed Germany on 21 March 1998 * he arrived in Taszar, Hungary on 22 March 1998 and departed on 25 March 1998 * he arrived in Croatia on 25 March 1998 and departed on 24 July 1998 * He arrived in Bosnia-Herzegovina on 24 July 1998 and departed on 31 July 1998 * He arrived in Germany on 1 August 1998 e. SFOR Identification Badge which expired December 1998. 7. The applicant was honorably discharged on 12 July 2000. His DD Form 214 contains the following information/entries: a. Block 13, (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar b. Block 12f (Foreign Service) shows the entry, "0001 11 22." c. Block 18 (Remarks) does not include any remarks regarding foreign/deployed service. 8. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account, which verified he received hostile fire/imminent danger pay for Bosnia-Herzegovina during the period 1 March to 31 July 1998. 9. Army Regulation 600-8-22 (Military Awards), tables 2-3, 2-4, and 2-5 address the Armed Forces Expeditionary Medal. Note 1 to Table 2-4 (Armed Forces Expeditionary Medal – designated U.S. military operations in direct support of the United Nations) states the Secretary of Defense approved award of the Armed Forces Expeditionary Medal and Armed Forces Service Medal to certain participants of Operation Joint Endeavor and Operation Joint Guard as a one-time exception to policy to Department of Defense and Service policies. Area of eligibility is the total land area and airspace of the Former Republic of Yugoslavia to include Bosnia-Herzegovina, Croatia, Hungary, and the airspace above portion of the Adriatic Sea that lies north of the 40 degrees north latitude. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found the DD Form 1351-2 provided by the applicant provides the best account of the period of his deployment. The Board determined his DD Form 214 should be corrected to reflect the period of deployed service documented on the form. 3. The applicant has not provided and his record does not contain a certificate for the North Atlantic Treaty Organization Medal. The Board determined the evidence does not support adding this medal to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 as follows: * Add to block 18 – Service in Hungary/Croatia/Bosnia-Herzegovina from 19980322 to 1980731 * Make the corrections described in Administrative Note(s) below 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 North Atlantic Treaty Organization Medal. 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): Correct the applicant’s DD Form 214 by adding the Armed Forces Expeditionary Medal and the Armed Forces Service 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: a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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. Army Regulation 600-8- 22, tables 2-3, 2-4, and 2-5 address the Armed Forces Expeditionary Medal. Note 1 to Table 2-4 (Armed Forces Expeditionary Medal – designated U.S. military operations in direct support of the United Nations) states the Secretary of Defense approved award of the Armed Forces Expeditionary Medal and AFSM to certain participants of Operation Joint Endeavor and Operation Joint Guard as a one-time exception to policy to Department of Defense and Service policies. Area of eligibility is the total land area and airspace of the Former Republic of Yugoslavia to include Bosnia-Herzegovina, Croatia, Hungary, and the airspace above portion of the Adriatic Sea that lies north of the 40 degrees north latitude. b. The Armed Forces Service Medal 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 in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet the following criteria: (1) While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive flying sorties into, out of, within, or over the area in direct support of the military operations (2) One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit c. The North Atlantic Treaty Organization Medal is authorized by the Secretary- General of NATO for specific designated NATO operations. The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO. Effective 1 January 2011, NATO revised its policy to state that all North Atlantic Treaty Organization Medal requests must be submitted within 2 years of leaving the operational area. Requests for medals for operations that ended 2 years or more prior to the date of request will not be processed. The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards. The website notes that to add the North Atlantic Treaty Organization Medal to a Soldier's record the Soldier must have been issued a certificate. 3. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in block 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" is required. 4. Army Regulation 15-185 (ABCMR) 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) AR20230004292 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1