IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090012889
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 that deployments to Kosovo and Bosnia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he did not apply for correction of his DD Form 214 earlier for fear of disclosing sensitive information.
3. The applicant provides no additional documents to support 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 served on active duty as a Regular Army officer from
12 September 1992 until he was honorably discharged in the rank of captain
(O-3) on 1 December 2000.
3. The Defense Finance and Accounting Service determined the applicant received hostile fire/imminent danger pay while assigned to Kosovo from
1 October 1999 through 30 November 1999 and for Bosnia from 11 May 2000 through 31 May 2000.
4. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that block 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was deployed to Kosovo and Bosnia and believes this should be documented on his DD Form 214.
2. The fact that the applicant received hostile fire/imminent danger pay for deployment to Kosovo from 1 October through 30 November 1999 and for Bosnia from 11 May through 31 May 2000 is sufficient to correct his DD Form 214 to show this service.
3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
___X___ ___X____ __X_____ 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
adding in block 18 of his DD Form 214 "SERVICE IN KOSOVO DEPLOYED FROM 19991001 19991130//SERVICE IN BOSNIA DEPLOYED FROM 20000511 20000531//."
___________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.
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