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ARMY | BCMR | CY2003 | 2003087002C070212
Original file (2003087002C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003087002


         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley Powell Member
Mr. Robert Duecaster 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 April 2000 to show his overseas service in Kosovo.

3. The applicant states, in effect, that he was assigned to the 67th Combat Support Hospital as a practical nurse at Camp Bond Steel in Kosovo in support of Task Force Medical Falcon. In support of his application, he submits a Memorandum for Record, dated 11 July 2000; and a copy of his DD Form 214 for the period ending 28 April 2000.

4. The applicant’s military records show that he was ordered to active duty for training on 30 September 1993 and was released from active duty on 31 March 1994. He enlisted on 28 July 1997, served as a practical nurse and was released from active duty on 28 April 2000 by reason of hardship.

5. The applicant's DD Form 214 for the period ending 28 April 2000 does not show that he served in Kosovo.

6. Item 12f (Foreign Service) on his DD Form 214 shows he served two years of foreign service.

7. The applicant's pay records show he received hostile fire pay from 1 July 1999 through 31 August 1999.

8. In support of his claim, the applicant provided a Memorandum for Record, dated 11 July 2000, from a first sergeant attesting that the applicant was deployed to Kosovo for 179 days.

9. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, provided no authority to show deployments. The current regulation in effect states, in pertinent part, that the country and dates of deployment for an active duty soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 (Remarks) on the DD Form 214.

CONCLUSIONS:

1. The evidence of record does not support the first sergeant's contention that the applicant was deployed to Kosovo for 179 days. The applicant's pay records show that he received hostile fire pay during the period 1 July 1999 to 31 August 1999. Therefore, as an exception to policy, the Board determined that item
18 (Remarks) on the applicant's DD Form 214 for the period ending 28 April 2000 should be corrected to show that he served in Kosovo from 1 July 1999 to
31 August 1999.

2. 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 by adding the entry, "SERVICE IN KOSOVO FROM 19990701 TO 19990831" in item 18 on the applicant's DD Form 214 for the period ending 28 April 2000.

BOARD VOTE:

FNE____ SP_____ RD______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn___
                  CHAIRPERSON




INDEX

CASE ID AR2003087002
SUFFIX
RECON
DATE BOARDED 20031007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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