BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010282 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) and her service in Bosnia/Herzegovina during Operation Joint Endeavor.

2.  She states these items were omitted because she was close to her expiration of term of service (ETS) date.

3.  She provides copies of her reassignment and unit assignment orders for Operation Joint Endeavor, a DA Form 638 (Recommendation for Award) for the ARCOM, her ARCOM Certificate, and 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 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 military records show she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 30 April 1992.  She was discharged from the USAR DEP and she enlisted in the Regular Army on 19 May 1992.  She completed training and she was awarded military occupational specialty 77F (Petroleum Supply Specialist).  She served in Germany from 26 October 1992 through 20 October 1994.

3.  On 5 January 1996, she was issued orders for reassignment/deployment in support of Operation Joint Endeavor.  She served in Bosnia from 5 January through 26 March 1996.

4.  She provides a copy of a DA Form 638, prepared in April 1996, for award of the Army Commendation Medal for a high level of dedication and motivation during Operation Joint Endeavor, Mega Gold, and numerous Joint Readiness Training Center rotations from 11 November 1994 to 18 May 1996.  The award was subsequently approved on 7 May 1996.  Permanent Orders Number 131-3, issued by the 101st Corps Support Group, dated 10 May 1996, awarded her this award.

5.  She also provides a copy of an ARCOM Certificate, dated 10 May 1996, showing she was awarded the ARCOM for meritorious service during the period 11 November 1994 to 18 May 1996.  The same orders number and issuing headquarters is annotated on the ARCOM Certificate.

6.  She was honorably released from active duty (REFRAD) in pay grade E-5 on 17 May 1996, at the completion of her required active service, and she was transferred to the USAR Control Group (Reinforcement) to complete her remaining Reserve obligation.  She was credited with 3 years, 11 months, and
29 days of net active service this period with 2 years, 2 months, and 17 days of foreign service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show the ARCOM.  Item 18 (Remarks) of her DD Form 214 does not show she served in Bosnia/Herzegovina.

8.  A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified the applicant served in Bosnia/Herzegovina and received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 10 January through 27 March 1996.

9.  Army Regulation 635-5 (Separation Documents), then in effect, specified a DD Form 214 would be prepared for individuals who were retired, discharged, or released from active duty.  Preparation instructions did not specify Item 18 would list the country and dates of deployment.  However, the current version of the regulation specifies 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that on 10 May 1996 the applicant was awarded the ARCOM for meritorious service during the period 11 November 1994 to 18 May 1996 by permanent orders.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  The evidence of record also confirms she served in Bosnia/Herzegovina from 5 January through 26 March 1996.  Army Regulation 635-5 in effect at the time of her discharge in 1996 did not specify that Item 18 would list the country and dates of deployment.  However, the current version of the regulation specifies Item 18 will list the country and dates of deployment.  Based on the foregoing, it would be equitable to add the entry "Service in Bosnia/Herzegovina from 19960105 - 19960326" in item 18 of her DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected 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 the Department of the Army records of the individual concerned be corrected by:

   a.  adding to Item 13 of her DD Form 214 the ARCOM; and

   b.  adding to Item 18 of her DD Form 214 the entry “Service in Bosnia/Herzegovina from 19960105 - 19960326."



      __________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)                                         AR20100010282



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ABCMR Record of Proceedings (cont)                                         AR20100010282



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