IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007398 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his service in Bosnia and that he be awarded the Combat Action Badge (CAB).  

2.  The applicant states his DD Form 214 does not document his deployed service in Bosnia.  He also states he served in all three campaigns in the Gulf War and would like to be awarded the CAB. 

3.  The applicant provides deployment orders 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 applicant’s 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 applicant’s 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 record shows he enlisted in the Regular Army and entered active duty on 2 September 1983.  He was initially trained in and awarded military occupational specialty (MOS) 76X (Subsistence Supply Specialist) in 1984, and was later reclassified into MOS 94B (Food Service Specialist) in 1987.  

3.  The applicant's record shows he served in Saudi Arabia from 14 December 1990 through 12 April 1991.  It also shows while serving as a first cook with the 586th Engineer Company at Fort Benning, Georgia, the applicant deployed to and served in Bosnia-Herzegovina from 13 December 1995 through 16 January 1996 and again from 5 March 1996 through 12 June 1996.  

4.  The applicant's record shows that during his active duty tenure, he earned the following awards:

* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Armed Forces Service Medal
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Army Lapel Button
* Southwest Asia Service Medal with 3 bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award).

5.  On 31 January 2004, the applicant was honorably retired, in the rank of private/E-1, after completing 20 years and 13 days of active military service.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 state for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 



7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 8-8 provides guidance on award of the CAB.  It states award of the CAB is authorized from 18 September 2001 to a date to be determined.  The specific eligibility requirements are that the Soldier be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; and be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Bosnia-Herzegovina from 
13 December 1995 through 16 January 1996 and again from 5 March 1996 through 12 June 1996 should be properly documented on his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant served during the periods indicated above.  Therefore, it would be appropriate to add the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19951213-19960116 AND 19960305-19960612" to item 18 of his 
DD Form 214. 

2.  The applicant's contention he should be awarded the CAB has also been carefully considered.  However, the CAB is only authorized for qualifying combat service from 18 September 2001 to a date to be determined.  The evidence of record confirms the applicant's combat service in SWA was completed in 1991 and his service in Bosnia-Herzegovina ended in 1996.  Therefore, given there are no retroactive provisions for award of the CAB, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

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 amending item 18 of his DD Form 214 by adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19951213-19960116 AND 19960305-19960612."

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 award of the Combat Action Badge.  



      _______ _   _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)                                         AR20100007398



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ABCMR Record of Proceedings (cont)                                         AR20100007398



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