IN THE CASE OF:	  

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080018045 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the time periods of his overseas deployments to Saudi Arabia and the Republic of Bosnia-Herzegovina.

2.  The applicant states that although he served in Saudi Arabia and the Republic of Bosnia-Herzegovina and was awarded the appropriate awards and decorations, the deployments are not reflected on his DD Form 214.  The applicant states, in effect, that an administrative error led to these oversights.

3.  The applicant provides no documentation as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army under the provisions of the Delayed Entry Program on 19 July 1985 and entered active duty on 27 November 1985.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 31V (Tactical Communications System Operator/Mechanic).  During his career, he also held MOS 31U (Signal Support Systems Specialist) which was subsequently redesignated as MOS 25U.  The highest rank he attained while serving on active duty was the grade of sergeant first class/pay grade E-7.  The applicant continuously served on active duty through a series of immediate reenlistments until he retired on 28 February 2006 with an honorable characterization of service.

2.  Block 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) covering the period of 19 July 1985 through                      10 August 2001 shows he served in Saudi Arabia during the period 1 October 1990 through 18 March 1991.  Block 27 (Remarks) of this form shows the applicant served in the imminent danger pay area designated as "Southwest Asia" during the period 1 October 1990 through 18 March 1991.  This form does not show the applicant served in Bosnia-Herzegovina for any duration of time.  Block 33 of this form shows it was reviewed for administrative accuracy by the applicant and authenticated with his signature on 10 August 2001.

3.  The applicant's DA Forms 2166-7 (NCO [Noncommissioned Officer] Evaluation Report) covering the period from February 1995 through February 
1997 show the applicant deployed to Bosnia-Herzegovina and participated in Operation Joint Endeavor for an unspecified period of time.

4.  A query of the applicant's Master Military Pay Account maintained by the Department of Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to Herzegovina during the period 1 December 1995 through 31 July 1996 and Bosnia during the period 1 August 1996 through 31 October 1996.

5.  The applicant's DD Form 214 shows he served on active duty for the period 27 November 1985 through 28 February 2006.  Block 12f (Foreign Service) of this form shows that he served overseas for a combined total of 13 years, 5 months, and 5 days.  Block 18 (Remarks) of this form shows the applicant served overseas in Kuwait during the period 5 March 2003 through 5 June 
2003 and in Iraq during the period 24 July 2004 through 14 November 2004.

6.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, in pertinent part, shows award of the North Atlantic Treaty Organization (NATO) Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NATO Medal was authorized by the Secretary General of the NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for United States military personnel who served under NATO command or operational control in direct support of designated NATO operations.  The following missions and operations have been approved by the Secretary of Defense, for acceptance and wear:

	a. Operations related to the former Republic of Yugoslavia (14 November 
1995 to a date to be determined),

	b.  Operations related to Kosovo (13 October 1998 to a date to be determined),

	c.  Operation Eagle Assist (12 October 2001 to 16 May 2002),

	d.  Operation Active Endeavor (26 October 2001 to a date to be determined),

	e.  International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined), and

	f.  Operations in the Balkans (1 January 2003 to a date to be determined).

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  Specifically, it states that:

	a.  for block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be certified by the Soldier’s records.  Do not use abbreviations; and

	b.  for block 18, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of his DD Form 214 to show the time periods of his overseas deployments to Saudi Arabia and the Republic of Bosnia-Herzegovina.

2.  The applicant's DA Form 2-1 contained in his official military personnel file clearly shows he served in Saudi Arabia during the period 1 October 1990 through 18 March 1991.  Therefore, the applicant is entitled to have his records corrected to show this deployment.

3.  Although the applicant's receipt of the NATO Medal and his DA Forms 2166-7 covering the period of February 1995 through February 1997 indicate that he deployed to Bosnia-Herzegovina and participated in Operation Joint Endeavor, it is not possible to determine the specific time period during which he was deployed from these documents.

4.  The applicant's pay records maintained by DFAS confirm that he received pay and tax exclusion entitlements associated with deployment to Herzegovina during the period 1 December 1995 through 31 July 1996 and Bosnia during the period 1 August 1996 through 31 October 1996.  However, these are monthly entitlements authorized for Soldiers who spend any portion of a month in a deployed theater; and it is not possible to determine the specific time period during which he was deployed from these records.

5.  Army Regulation 635-5 prescribes that the remarks section of a DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service will include the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  However, there is no evidence contained in the applicant's record and he has failed to provide any evidence showing the specific time period during which he was deployed to Bosnia-Herzegovina.  Therefore, it would be inappropriate to modify the applicant's DD Form 214 as it pertains to his service in Bosnia-Herzegovina at this time.

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 by adding the entry in "SERVICE IN SAUDI ARABIA FROM 19901001-19910318" in block 18 of his DD Form 214.

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 amending the applicant's DD Form 214 to show the time he served in Bosnia-Herzegovina.



      ___________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)                                         AR20080018045



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ABCMR Record of Proceedings (cont)                                         AR20080018045



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