BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011820
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 July 2005 to show he was deployed to Bosnia.
2. The applicant states that his DD Form 214 does not show he was deployed to Bosnia from February 2002 through September 2002.
3. The applicant provides his DD Form 214 and a record of deployment memorandum from Headquarters, Task Force 1-25 Aviation, Task Force Eagle, Multinational Division (North), dated 26 July 2002.
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 enlisted in the Regular Army on 13 July 1999 and successfully completed basic and advanced individual training. He was awarded military occupational specialty 67S (OH-58 Helicopter Repairer).
3. A record of deployment memorandum from Headquarters, Task Force 1-25
Aviation, Task Force Eagle, Multinational Division (North), dated 26 July 2002, shows the applicant was deployed to Bosnia-Herzegovina in support of Operation Joint Forge. The memorandum listed the applicant as assigned to Company B, 1st Squadron, 25th Aviation (Task Force), arriving in Bosnia-Herzegovina on 26 February 2002 and departing Bosnia-Herzegovina on 16 September 2002.
4. The applicant was honorably separated from active duty on 12 July 2005. Item 18 (Remarks) of his DD Form 214 does not show he was deployed to Bosnia-Herzegovina in support of Operation Joint Forge.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized preparation of the DD Form 214. For item 18, it states that 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)."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant deployed to Bosnia-Herzegovina in support of Operation Joint Forge for the period 26 February 2002 through 16 September 2002. His DD Form 214 should be amended to add "SERVICE IN BOSNIA-HERZEGOVINIA FROM 20020226-20020916" to item 18.
BOARD VOTE:
___x_____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 18 of his DD Form 214 to add "SERVICE IN BOSNIA-HERZEGOVINIA FROM 20020226-20020916."
__________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) AR20100011820
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ABCMR Record of Proceedings (cont) AR20100011820
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