IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100021522
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the following foreign service:
* Haiti 19940923-19941130
* Bosnia 19960315-19961108
* Bosnia 19970928-19980612
2. He states his deployments to Haiti and Bosnia were omitted from his DD Form 214. He has proof he served in these countries and should be given credit.
3. He provided:
* a certificate of participation for Haiti
* a memorandum for record (MFR)
* two North Atlantic Treaty Organization (NATO) Medal Certificates
* his Officer Record Brief (ORB)
* his 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. His military personnel record shows that following a period of active duty enlisted service, he was appointed as a U.S. Army Reserve (USAR) warrant officer and entered active duty on 14 September 1983. He continued to serve through several assignments and was promoted to the grade of chief warrant
officer five on 1 December 2002.
3. On 30 November 2004, he retired and was transferred to the USAR Control Group (Retired). The DD Form 214 he was issued on this date shows he completed 31 years, 5 months, and 4 days of creditable active service and 13 years, 1 month, and 29 days of foreign service.
4. Item 18 of his DD Form 214 for the period ending 30 November 2004 shows deployed service in Southwest Asia during the period 26 January 2003 to
10 August 2003 and Somalia during the period 12 December 1992 to 30 January 1993. This item does not show his service in Haiti or Bosnia.
5. His ORB shows in section I (Assignment Information Overseas Duty):
Year/Month Return
Country
Months
200004
Germany
32
199806
Bosnia
9
199705
Germany
19
199611
Bosnia
9
199411
Haiti
3
199301
Southwest Asia
2
6. The Defense Finance and Accounting Service (DFAS) office confirms he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for the following:
From Date
Through Date
Country
19940923
19941126
Haiti
19960911
19961111
Bosnia
19970925
19980105
Bosnia
19980205
19980610
Bosnia
7. He provides a certificate of participation for Operation Uphold Democracy in Haiti. This certificate does not show specific dates of his deployment.
8. He provides a Headquarters Company, 16th Engineer Battalion, MFR, dated 27 October 1996, which shows he served in Bosnia-Herzegovina from 15 March to 8 November 1996.
9. He provides two NATO Medal certificates that show he served in Bosnia-Herzegovina from 15 March to 8 November 1996 and from 28 September 1997 to 12 June 1998.
10. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The regulation provides that an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. His ORB shows he deployed to Haiti for a period of 3 months and deployed twice to Bosnia for a total of 18 months.
2. He contends his dates of service in Bosnia and Haiti should show:
* Haiti 19940923-19941130
* Bosnia 19960315-19961108
* Bosnia 19970928-19980612
3. However, DFAS confirms he received HFP/IDP and CTZE while serving in Haiti and Bosnia for the periods:
* Haiti 19940923-9941126
* Bosnia 19960911-1996111, 19970925-19980105, and 19980205-19980610
4. Therefore, it would be appropriate to amend item 18 of his DD Form 214 for the period ending 30 November 2004 to show:
* "SERVICE IN HAITI FROM 19940923-19941126"
* "SERVICE IN BOSNIA FROM 19960911-19961111, 19970925-19980105, AND 19980205-19980610"
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 for the period ending 30 November 2004 to add:
* "SERVICE IN HAITI FROM 19940923-19941126"
* "SERVICE IN BOSNIA FROM 19960911-19961111, 19970925-19980105, AND 19980205-19980610"
2. The Board further determined 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 showing he served as follows:
* Haiti 19940923-19941130
* Bosnia 19960315-19961108
* Bosnia 19970928-19980612
_____________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) AR20100021522
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100021522
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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