IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100020549 


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 deployment dates to Macedonia, Kosovo, and Albania as a part of Task Force Hawk, Task Force Falcon, Operation Joint Guard, and Kosovo Force be changed from 20000609 through 20001006 to 19990609 through 20000105 on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests corrections of his overseas duty, marital status, awards, and assignment history on his Officer Record Brief (ORB).  

2.  He states:

* the deployment date listed on his DD Form 214 is “20000609” and it is in error  
* he deployed from the Former Republic of Yugoslavia (FRY) and Albania as a first lieutenant (promotable) and not as a captain with a date of rank of 1 May 2000
* his Officer Evaluation Reports (OERs) substantiate his deployment dates

3.  He provides:

* DD Form 214
* Two OERs for the periods ending 1 June 1999 and 12 May 2000
* ORB
* Award certificate for the Army Commendation Medal
* DA Form 638 (Recommendation for Award)
* Promotion orders to the rank of captain
* DA Form 71 (Oath of Office)
* DA Form 78-R (Recommendation for Promotion to First Lieutenant/Chief Warrant Officer Two)
* Discharge orders from the Regular Army
* Certificate of completion of the Transportation Officer Basic Course
* Diploma from the Master Fitness Trainer Course
* Orders awarding him the Air Assault Badge
* DA Form 1059 (Service School Academic Evaluation Report)

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 request for corrections of his ORB is acknowledged.  The ORB is an important tool used in the management of active Army officers.  However, as he no longer has a military status and he was discharged from active duty on 1 June 2001, there is no basis to recommend that this form be changed.  The DD Form 214 is the document used to record the military history of a separated individual.  Therefore, this portion of his request will not be further discussed in this Record of Proceedings.  

3.  He was commissioned as a second lieutenant in the Regular Army and entered active duty on 1 June 1996.

4.  He was promoted to the rank of first lieutenant on 16 April 1998.  

5.  His OER for the period covering 30 September 1998 through 1 June 1999 shows he served as a Battalion S2 and he was assigned to Headquarters and Headquarters Detachment, 181st Transportation Battalion in Mannheim, Germany.  His senior rater commented “Additionally, he demonstrated exceptional organization skills, initiative and maturity as the S3 battle captain, orchestrating the deployment of unit forces and equipment to Albania for OPERATION ALLIED FORGE.”

6.  He was promoted to captain on 1 May 2000.  

7.  His OER for the period covering 2 June 1999 through 12 May 2000 shows he served as an S3 Operations Officer and he was assigned to the 27th Transportation Battalion, Wiesbaden Army Airfield, Wiesbaden, Germany.  His rater stated the applicant had arrived in the midst of the North Atlantic Treaty Organization movement into Kosovo and deployed to Macedonia with the battalion headquarters to support Operation Joint Guardian (KFOR).  

8.  Section IX (Assignment History) on his ORB shows he was in “MK” [Macedonia/Kosovo] in support of Task Force Able Sentry as of 9 June 2000.  

9.  He provided a copy of a DA Form 638, dated 8 March 2001, which shows he was awarded the Army Commendation Medal for meritorious service from May 1996 to April 2001 while serving in Germany, the Netherlands, France, Belgium, Kosovo, Macedonia, Albania, Romania, and Greece.  

10.  He was discharged from active duty on 1 June 2001.  His DD Form 214 shows he completed 3 years, 8 months, and 2 days of foreign service.  Item 18 (Remarks) shows the entry “MACEDONIA – 20000609 to 20001006.”

11.  In a 9 November 2010 email, the Defense Finance and Accounting Service (DFAS) informed a staff member of the Board that the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and Combat Zone Tax Exclusion (CZTE) for 20 June through 28 July 1999 for service in Macedonia.  

12.  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 policy for the preparation of the DD Form 214.  It states 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 item 18.  
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the deployment dates on his DD Form 214 are in error; however, his service record is void of sufficient evidence to show that an error or injustice exists in this case.  

2.  His military pay records indicate he received HFP/IDP and CZTE for the period 20 June through 28 July 1999 for service in Macedonia.  
3.  His DD Form 214 shows he was deployed to Macedonia from 9 June 2000 to 6 October 2000.  

4.  However, his service record is void of evidence, and he has not provided sufficient evidence, to show he served in Macedonia from 19990609 through 20000105.  In the absence of evidence to the contrary, there is no basis for granting his request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20100020549



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020549



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1