IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080012922
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, that his service in Bosnia be documented in Item 18 (Remarks) of his separation document (DD Form 214).
2. The applicant states, in effect, that he was deployed to Bosnia-Herzegovina from 9 October 1996 to 17 April 1997. He indicates that he did not recognize that this service was not included on his separation document during his retirement processing.
3. The applicant provides a copy of his North Atlantic Treaty Organization (NATO) Certificate and DD Form 214 in support of his application.
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's military records show he initially enlisted in the Regular Army and entered active duty on 1 October 1980. He continuously served until he was honorably released from active duty for the purpose of retirement on
30 September 2004.
3. The DD Form 214 the applicant was issued upon his retirement shows he earned the following awards: Meritorious Service Medal (2nd Award); Army Commendation Medal (7th Award); Army Achievement Medal (11th Award);
Joint Meritorious Unit Award (2nd Award); Army Good Conduct Medal
(8th Award); National Defense Service Medal (2nd Award); Armed Forces Expeditionary Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Armed Forces Service Medal; Humanitarian Service Medal; Noncommissioned Officers Professional Development Ribbon with Numeral 3; Army Service Ribbon; Overseas Service Ribbon (2nd Award);
United Nations Medal; NATO Medal; Expert Infantryman Badge; Pathfinder Badge; Air Assault Badge; Drivers and Mechanic Badge with Driver-T Bar; and Drill Sergeant Identification Badge.
4. The applicants Official Military Personnel File (OMPF) contains a Noncommissioned Officer Evaluation Report (NCOER), dated 21 May 1997, which rated the applicant in the principal duty position of senior personnel service sergeant during the period July 1996 to April 1997. It also confirms that he was deployed to Bosnia-Herzegovina during this time; however, it does not and the OMPF does not provide the specific dates of this service.
5. The applicant provides a certificate which shows he was awarded the
NATO Medal for his service in the Former Republic of Yugoslavia during the period 9 October 1996 to 1 April 1997.
6. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparing the DD Form 214. These instructions include directions for documenting the deployments of active duty Soldiers by adding the following entry to Item 18: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)".
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant was deployed to
Bosnia- Herzegovina from July 1996 to April 1997, as evidenced by a NCOER in his OMPF and the NATO Medal Certificate he provides. Thus, his separation document should be corrected accordingly.
2. However, the evidence of record and independent evidence provided by the applicant fail to confirm Bosnia service through 17 April 1997, as the applicant indicates in his application. As a result, there is an insufficient evidentiary basis to support using the 17 April 1997 ending date for his Bosnia service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 amending Item 18 of his DD Form 214 by adding the entry "SERVICE IN BOSNIA HERZEGOVINA FROM 19960701-19970401"; and by providing him a correction to his separation document that reflects these changes.
2. The Board further determined that 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 service in Bosnia through
17 April 1997.
_______ _ x _______ ___
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.
ABCMR Record of Proceedings (cont) AR20080012922
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