IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080010896
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her dates of service in Bosnia.
2. The applicant states, in effect, that her DD Form 214 is missing her North Atlantic Treaty Organization foreign peacekeeping mission deployment to Bosnia in support of Stabilization Force 5 during Operation Joint Forge.
3. The applicant provides a recommendation for award and a copy of her DD Form 214.
CONSIDERATION OF EVIDENCE:
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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 7 May 1996. She served as a metal worker and was discharged with a general discharge, under honorable conditions on 30 October 2002.
3. The applicants DD Form 214 does not show any deployments in block 18 (Remarks).
4. The applicant provided page one of a recommendation for award, dated
17 November 1999, which states, in pertinent part, that she deployed to Bosnia-Herzegovina in support of Stabilization Force 5 and that she contributed to the rebuilding of the Bosnian economic infrastructure during Operation Joint Forge.
5. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay in Bosnia during the period 7 March 1999 through 21 September 1999.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that, for block 12 (Record of Service) f (Foreign Service), from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service Period this Period).
7. Army Regulation 635-5 further states that, 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks)of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant deployed to Bosnia and DFAS records show she received hostile fire pay in Bosnia during the period 7 March 1999 through 21 September 1999. Therefore, block 12f and block 18 on her DD Form 214 should be corrected to reflect this deployment.
BOARD VOTE:
___xx___ ___xx___ ___xx___ GRANT FULL 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. 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 from block 12f;
b. adding the entry 0000 06 14 to block 12f; and
c. adding the entry, Service in Bosnia from 19990307 - 19990921 in block 18 on her DD Form 214.
_______xxxx___________
CHAIRPERSON
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.
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