IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006745
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 Kosovo in 2000, and his last duty assignment as Company B, 2nd Battalion, 187th Infantry.
2. The applicant states his records do not reflect his service in Kosovo. He is filing for service-connected disability compensation based on his time and experience in Kosovo.
3. The applicant provides copies of a letter from his mother, two pages of his
DA Form 2-1 (Personnel Qualification Record), and his Enlisted Record Brief.
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 6 August 1998. He was trained in and awarded military occupational specialty 11B (Infantryman).
3. His DA Form 2-1 shows in item 5 (Overseas Service) that he served in Korea from 17 June 2000 through 5 August 2001. Item 35 (Record of Assignments) shows he was assigned in Korea to Headquarters and Headquarters Company, 1st Battalion, 503d Infantry Battalion, effective 10 July 2000. There are no other assignment entries.
4. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Macedonia from 22 February through 14 March 2000.
5. He was honorably released from active duty (REFRAD) on 5 August 2001 as a specialist E-4. He had completed 3 years of net active service. His
DD Form 214 shows in:
a. Item 8a (Last Duty Assignment and Major Command) "C CO, 1/503RD INF BN P8."
b. Item 18 (Remarks) no deployed service.
6. His record contains orders showing he was scheduled for REFRAD effective
5 August 2001. The unit of assignment is shown as Company C, 1st Battalion, 503d Infantry, APO AP 96224.
7. There is no available evidence in the applicant's records showing he served in Kosovo.
8. The applicant provides a letter from his mother in which she states the Army lost track of the applicant for a short period of time. He was sent to Kosovo, but that service is not shown on his records. As he had not contacted her, she did some research and contacted the commander's office at Camp Bondsteel in Kosovo. She heard back from her son the next day.
9. 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 contains instructions for preparing the DD Form 214. The instructions for:
a. Item 8a states enter the last unit of assignment, major command with the corresponding two character assignment code.
b. Item 18 states 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:
1. The applicant's REFRAD orders show the same unit as shown in item 8a of his DD Form 214. There is no reason to correct this item.
2. Although the evidence of record fails to confirm the applicant served in Kosovo, the DFAS record shows he received HF/IDP and CZTE for service in Macedonia from 22 February through 14 March 2000. Therefore, he is entitled to correction of his DD Form 214 to show he served in Macedonia from 22 February to 14 March 2000.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 MACEDONIA FROM 20000222 20000314."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his service in Kosovo and changing his last duty assignment on 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) AR20100023927
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