BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003106
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 dates of service in Bosnia as
14 December 1995 to 19 November 1996.
2. The applicant states his DD Form 214 shows he served in Bosnia from
14 December 1995 to 25 January 1996. However, he served in Bosnia from
14 December 1995 to 19 November 1996 for a total of 11 months, not 1 month.
3. The applicant provides:
* Enlisted Record Brief
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 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 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. With prior enlisted Reserve service, the applicant enlisted in the Regular Army on 27 February 1985. He trained as a chemical operations specialist and he remained on active duty through continuous reenlistments until he retired in the rank/grade of staff sergeant (SSG)/E-6 on 31 October 2004.
3. Item 18 (Remarks) of his DD Form 214 shows he served in Bosnia from
14 December 1995 to 25 January 1996.
4. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Bosnia from 14 December 1995 through 19 November 1996.
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 an active duty Soldier deployed to a foreign country 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 entry shown in the applicant's DA Form 2-1 that shows he served in Bosnia from 14 December 1995 through 19 November 1996 is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his correct dates of service in Bosnia. Therefore, his 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 deleting from his DD Form 214 for the period ending 31 October 2004 the entry "SERVICE IN BOSNIA: 14 DEC 95 TO 25 JAN 96" and replacing it with the entry "SERVICE IN BOSNIA FROM 19951214 - 19961119."
__________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) AR20120003106
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