BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110000288
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 her deployments to Somalia and Bosnia be documented on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states someone failed to add her deployments to her DD Form 214.
3. The applicant provides her Enlisted Record Brief (ERB) and North Atlantic Treaty Organization (NATO) Certificate in support of her application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants DA Form 2-1 (Personnel Qualification Record), item 5 (Overseas Service) shows she served in Somalia from 13 January through
18 May 1993. It also shows she served in Bosnia from 8 October 1997 through
4 February 1998 and from 11 August through 15 December 1999.
3. The applicants Official Military Personnel File (OMPF) also contains a NATO certificate showing the applicant was awarded the NATO Medal for her service with NATO on operations in relation to the former Republic of Yugoslavia between October 1997 and February 1998.
4. On 30 June 2002, the applicant was retired after completing 20 years and
29 days of active military service in the rank of staff sergeant/E-6. The DD
Form 214 shows she earned the following awards during her active duty tenure:
* Defense Meritorious Service Medal
* Joint Service Commendation Medal
* Army Commendation Medal (2)
* Army Achievement Medal (2)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (2)
* Armed Forces Service Medal
* Southwest Asia Service Medal
* Noncommissioned Officer Professional Development Ribbon (2)
* Army Service Ribbon
* Army Good Conduct Medal (5)
* NATO Medal
* Overseas Service Ribbon (2)
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver Bar
5. Item 18 (Remarks) of the applicants DD Form 214 documents a deployment to Southwest Asia from 21 July through 1 November 1991. It does not document deployed service in Somalia and/or Bosnia.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains instructions for preparing the DD Form 214. The instructions for item 18
state 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 applicant's contention that her service in Somalia and Bosnia should be properly documented on her DD Form 214 has been carefully considered and found to have merit. The record confirms the applicant was deployed to Somalia from 13 January through 18 May 1993, and she was deployed to Bosnia from
8 October 1997 through 4 February 1998 and from 11 August through
15 December 1999. These deployments are corroborated by entries on her DA Form 2-1 and ERB, and other documents on file in her OMPF. Therefore, it would be appropriate to add the entries SERVICE IN SOMALIA FROM 19930113-19910518 and SERVICE IN BOSNIA FROM 19971008-19980204 AND FROM 19990811-19991215 to item 18 of her DD Form 214.
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 Department of the Army records of the individual concerned be corrected by amending item 18 of her DD Form 214 by adding the entries SERVICE IN
SOMALIA FROM 19930113 - 19910518 and SERVICE IN BOSNIA FROM 19971008 - 19980204 AND FROM 19990811 - 19991215.
_______ _ 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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