RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 September 2005
DOCKET NUMBER: AR20050000903
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. John Meixell
Chairperson
Mr. William Powers
Member
Mr. Larry Olson
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his dates of service in Bosnia.
2. The applicant states, in effect, he was deployed to Bosnia from 9 September 1998 to 29 December 1998.
3. The applicant provides a copy of his DD Form 214; deployment orders; documentation pertaining to his evacuation; and medical documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
7 September 1999. The application submitted in this case is dated 30 December 2004.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicant enlisted on 8 September 1995, served as an armor crewman, and was honorably discharged 7 September 1999.
4. Item 12f on the applicant's DD Form 214 shows the entry, "0000 00 00." Item 18 (Remarks) on his DD Form 214 does not show his deployment to Bosnia.
5. The applicant provided deployment orders, dated 27 July 1998, which show he was deployed to Bosnia on or about 31 August 1998 for a period of 179 days. He also provided documentation which shows he was released from his assignment in Bosnia and evacuated to the United States on 29 December 1998 for medical treatment.
6. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation 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 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The documentation provided by the applicant is accepted as sufficient to show the applicant served from 9 September 1998 to 29 December 1998 in Bosnia, a total of 3 months and 20 days. Therefore, item 18 on his DD Form 214 should be corrected to show his dates of service in Bosnia. In addition, item 12f on his DD Form 214 should be corrected to show he served 3 months and 20 days of foreign service.
2. Records show the applicant should have discovered the alleged error now under consideration on 7 September 1999; therefore, the time for the applicant to file a request for correction of any error expired on 6 September 2002. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
JM_____ WP_____ LO______ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and excuse failure to timely file in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry, "0000 00 00" in item 12f on the applicant's DD Form 214;
b. adding the entry, "0000 03 20" in item 12f on his DD Form 214; and
c. adding the entry, "SERVICE IN BOSNIA FROM 19980909 TO 19981229" in item 18 on his DD Form 214.
___John Meixell______
CHAIRPERSON
INDEX
CASE ID
AR20050000903
SUFFIX
RECON
DATE BOARDED
20050908
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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