IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025539
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) to show the Armed Forces Service Medal and North Atlantic Treaty Organization (NATO) Medal. He also requests his deployment in Bosnia-Herzegovina during Operation Joint Endeavor be shown on his DD Form 214.
2. The applicant states he was unaware his DD Form 214 should reflect duty in an operational theater and that specific medals awarded were not included on his DD Form 214 at the time of his discharge.
3. The applicant provides two memoranda for record, dated 4 April 1997 and 1 October 1997.
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. He enlisted in the Regular Army on 24 August 1995. He completed training and was awarded military occupational specialty 12B (combat engineer). On 23 March 1999, he was released from active duty.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Armed Forces Service Medal or NATO Medal as authorized awards. Item 18 (Remarks) does not show any deployments.
4. He provided a memorandum for record from his company commander, dated 1 October 1997, which states:
* he met the requirements for award of the Armed Forces Service Medal and NATO Medal
* he served in Bosnia-Herzegovina during Operation Joint Endeavor from 3 February 1996 to 13 November 1996
5. A DD Form 215 (Correction to DD Form 214), dated 23 August 2005, amended his DD Form 214 by adding the Armed Forces Service Medal and NATO Medal to item 13. Therefore, this portion of his request will not be discussed further in these proceedings. A copy of the DD Form 215 will be provided to the applicant.
6. 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. The regulation also 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:
The memorandum for record from the applicant's company commander which states he served in Bosnia-Herzegovina from 3 February 1996 to 13 November 1996 is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show his dates of service in Bosnia-Herzegovina.
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 adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19960203-19961113."
_______ _ 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.
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