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ARMY | BCMR | CY2012 | 20120005453
Original file (20120005453.txt) Auto-classification: Approved

		
		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120005453 


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 service in Bosnia.

2.  The applicant states his DD Form 214 does not list his foreign service in Bosnia.

3.  The applicant provides:

* Permanent Orders 208-03, dated 7 July 1998
* 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 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 4 December 1996, served as an automated logistical specialist, and was honorably discharged on 31 August 2000 to attend school.

3.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal 

4.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "0000  00  00."  Item 18 (Remarks) shows no entry for deployed service.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) while deployed to Bosnia-Herzegovina from 25 September 1998 to 28 March 1999, a total of 6 months and 4 days of foreign service.

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for:

* item 12f – enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 – 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:

DFAS confirmed the applicant received HFP/IDP for service in Bosnia from 25 September 1998 through 28 March 1999 for a total of 6 months and 4 days of foreign service.  Therefore, this information is accepted as sufficient evidence to correct items 12f and 18 of his DD Form 214 to show his foreign deployed service.



BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the entry from item 12f of his DD Form 214 and replacing it with the entry "0000  06  04"; and

	b.  adding the entry "SERVICE IN BOSNIA FROM 19980925-19990328" to item 18 of his DD Form 214.



      ___________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)                                         AR20120005453



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120005453



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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