IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024285
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) for the period ending 17 November 2001 to show his overseas tour of duty in Bosnia.
2. The applicant states he completed a tour of duty in Bosnia during the period July 1998 through March 1999, served his country honorably, and feels he is due recognition of his time served.
3. The applicant provides two DD Forms 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. The applicant enlisted in the Regular Army on 18 November 1997. He completed training and was awarded military occupational specialty 91B (Medical Specialist).
3. On 17 November 2001, the applicant was honorably released from active duty for completion of required active service and transferred to the 228th Combat Support Hospital, Fort Sam Houston, TX. His DD Form 214 for the period 18 November 1997 through 17 November 2001 contains the following information:
a. item 12f (Foreign Service) shows he served overseas 0 years, 0 months, and 0 days;
b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Overseas Service Ribbon or any awards which would be associated with a deployment to Bosnia; and
c. item 18 (Remarks) does not show he deployed overseas during the period covered by this DD Form 214.
4. His record contains and he also provides a DD Form 214 for the period 5 November 2010 through 18 March 2011 which contains the following information:
a. item 12f shows he served overseas 0 years, 0 months, and 0 days;
b. item 13 does not show award of the Overseas Service Ribbon or any awards which would be associated with a deployment to Bosnia; and
c. item 18 does not show he deployed overseas during the period covered by this DD Form 214.
5. His record does not contain nor did he provide any evidence which shows he performed any foreign service during the period 18 November 1997 through 17 November 2001 or 5 November 2010 through 18 March 2011.
6. During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA) which shows he did not receive hostile fire pay/imminent danger pay and combat zone tax exclusion for Bosnia for the period July 1998 through March 1999.
7. 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. In establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Chapter 2 contains guidance on the preparation of the DD Form 214 and states:
a. the total amount of foreign service completed during the period of active service covered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f of the form; and
b. for item 18 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 17 November 2001 should be corrected to show an overseas tour of duty in Bosnia was carefully considered.
2. However, the applicant did not provide any evidence nor do his records contain any evidence which shows he performed any foreign service during the period 18 November 1997 through 17 November 2001. In addition, a query of the applicant's MMPA revealed he did not receive any pay or entitlements associated with a deployment to Bosnia for the period in question. Therefore, he is not entitled to the requested relief.
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 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) AR20110024285
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024285
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