IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019395
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 record be corrected to document her deployed service in Bosnia-Herzegovina.
2. The applicant states her deployment to Bosnia-Herzegovina was not documented in her record.
3. The applicant provides the seven documents identified in item 9 (In Support of Application I submit as Evidence the following Attached Documents) of her application in support of her request.
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 applicant's record shows she enlisted in the Regular Army on 14 August 1985, 42L (Administrative Specialist).
3. The Deployment/Mobilization section of the applicant Interactive Personnel Electronic Personnel Management System (iPERMS) record contains United States Army Transportation Center, Fort Eustis, Virginia Orders 104-00102, dated 14 April 1998. These orders directed the applicants deployment in support of Operation Joint Guard for a period not to exceed 179 days.
4. On 31 August 2007, the applicant was honorably released from active duty for retirement, in the rank of staff sergeant/E-6, after 22 years and 17 days of active military service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued contains no deployment entries in item 18 (Remarks).
5. The applicant provides a North Atlantic Treaty Organization (NATO) Travel Order that shows she departed Germany for Bosnia-Herzegovina on 8 May 1998, and returned to Germany on 8 November 1998.
6. During the processing of this case, a review of the applicant's Defense Finance and Accounting Service (DFAS) record shows she received hostile fire pay/imminent danger pay (HFP/IDP) for Bosnia/Herzegovina from 1 May through 31 October 1998.
7. 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 of contains item-by-item instructions for preparation of the DD Form 214. The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that her record be corrected to document her Bosnia-Herzegovina deployment has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant served in Bosnia-Herzegovina from 8 May through 8 November 1998, as evidenced by the NATO travel order provided by the applicant and corroborated by the DFAS record. As a result, item 18 of her DD Form 214 should be corrected accordingly.
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 her DD Form 214 by adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19980508-19981108 to item 18.
_______ _ _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) AR20110019395
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019395
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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