IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000827
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 his deployment to Bosnia.
2. The applicant states his DD Form 214 does not reflect his deployment to Bosnia in support of Operation Joint Endeavor (OJE) from 5 April to
18 November 1996.
3. The applicant provides his DD Form 214 and an undated memorandum from his commander indicating his period of deployment to Bosnia.
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 enlisted in the Regular Army on 2 January 1991 for a period of 3 years and 18 weeks and training as a motor transport operator. He completed his training and he remained on active duty through a series of continuous reenlistments. He was advanced to the rank/grade of specialist (SPC)/E-4 on
2 March 1993.
3. The applicant was assigned to Germany when he was deployed to Bosnia in support of OJE from 5 April to 18 November 1996.
4. On 11 May 1998, he was honorably released from active duty (REFRAD) at Fort Irwin, California due to completion of required active service. He completed 7 years, 4 months, and 10 days of creditable active service. The DD Form 214 he was issued at the time of his REFRAD does not reflect his deployment to Bosnia.
5. Army Regulation 635-5 (Personnel Separations - 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. It states that for block 18, for an active duty Soldier deployed to a foreign country 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:
1. The applicants contention that his deployment is not reflected on his
DD Form 214 has been noted and found to have merit.
2. Evidence shows the applicant deployed to Bosnia from 5 April through
18 November 1996. Therefore, his DD Form 214 should be corrected to show this deployed service.
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 adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19960405 - 19961118."
____________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) AR20120000827
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ABCMR Record of Proceedings (cont) AR20120000827
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