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ARMY | BCMR | CY2001 | 2001056285C070420
Original file (2001056285C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 September 2001
         DOCKET NUMBER: AR2001056285


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Lee Cates Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Melvin H. Meyer Member
Mr. Karen A. Heinz Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his records be corrected to show his current rank, his dates of service in Germany (1 July to 27 September 1996), and award of the Armed Forces Expeditionary Medal (AFEM).

3. The applicant states that the above items are incorrect on his DD Form 214 (Certificate of Release or discharge from Active Duty) dated 20 March 1997.

4. The applicant’s military records show that he was ordered to active duty on 24 June 1996 in support of Operation Joint Endeavor (OJE).

5. During the period 1 July 1996 to 18 March 1997, he served in Germany and was assigned to Headquarters, US Army Europe (USAREUR).

6. On 26 September 1996, Travel Order Number 09-188, HQ, USAREUR directed his temporary duty (TDY) to Taszar, Hungary and return for 4 days during the period 27 through 30 September 1996. The purpose of this TDY was to assist in preparing personnel/organization requirements and documents. During this 4 day period, he served in imminent danger pay areas of Tuzla, Bosnia-Herzegovina and Taszar, Hungary.

7. Effective 6 March 1997, he was promoted to the rank of colonel, pay grade 0-6.

8. On 20 March 1997, he was honorably released from active duty and transferred to the Army Reserve Control Group (IMA). His DD Form 214 indicates he had 8 months and 27 days of creditable service.

9. On 21 July 1999, the Army Reserve Personnel Command (AR-PERSCOM) awarded the applicant the AFEM for his service in support of OJE.

10. His DD Form 214 specifies he served in Germany from 1 July to 24 September 1996 and 30 September 1996 to 18 March 1997, in Tuzla on 27 September 1996 and in Taszar from 27 to 30 September 1996.

11. Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, 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.

12. Department of the Army Message 091606ZMAR99, Subject: Award of the AFEM for OJE indicates, in pertinent part, that an individual must be a bona fide member of a unit deployed in the country of Bosnia-Herzegovina for one or more days in order to be awarded the AFEM.


CONCLUSIONS:

1. The evidence of record clearly shows the applicant was promoted to colonel effective 6 March 1997, during his period of active duty, and his DD Form 214 should be corrected accordingly.

2. The evidence of record shows the applicant served overseas from 1 July 1996 to 18 March 1997. The period 27 to 30 September 1996 is properly shown as TDY, not in Germany, and did not interrupt his overseas service. His service in Germany was 1 July to 27 September 1996 and 1 October 1996 to 18 March 1997. His DD Form 214 should be corrected accordingly.

3. Since the applicant was subsequently awarded the AFEM by the AR-PERSCOM, for his overseas service, it should also be entered on his DD Form 214.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by showing the individual concerned was released from active duty in the rank of colonel and pay grade 0-6, with an effective date of pay grade of 6 March 1997;

b. by showing he served in Germany from 1 July to 27 September 1996; and

c. by showing he was awarded the AFEM based on his overseas service.


BOARD VOTE:

_jhl____ _kah _mmh___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  JoAnn H. Langston
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001056285
SUFFIX
RECON
DATE BOARDED 20010918
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100
2.
3.
4.
5.
6.


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