IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120010141 


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 foreign service in Bosnia-Herzegovina and award of the Armed Forces Expeditionary Medal.

2.  He states he served in Bosnia-Herzegovina, but it is not reflected on his DD Form 214.  He contends he is unable to apply for jobs with the Federal Government under the Veterans Rights Act without having his DD Form 214 reflect his service and the Armed Forces Expeditionary Medal for Bosnia.

3.  He provides

* his DD Form 214
* two Standard Forms (SF) 600 (Health Record - Chronological Record of Medical Care)
* a certificate

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 1 August 1995.  He was trained in and awarded military occupational specialty 75B (Personnel Administration Specialist).  He was honorably released from active duty on 5 December 2001 and transferred to U.S. Army Reserve Control Group (Reinforcement).  He completed 6 years, 4 months, and 5 days of creditable active service.  At the time of his discharge he held the rank/grade of specialist/E-4.

3.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "0000  00  00" indicating he completed no foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no indication of award of the Armed Forces Expeditionary Medal.

	c.  item 18 (Remarks), no deployment entries.

4.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Bosnia-Herzegovina from 6 March 1998 through 30 June 1998, a period of 3 months and 25 days.

5.  The applicant provides:

	a.  an SF 600 rendered on 25 May 1998 in preparation for his redeployment from Operation Joint Guard which shows he entered the Theater of Operations on 7 March 1998 and was scheduled to depart the theater on 6 June 1998.

	b.  an SF 600 rendered on 10 July 1998 upon his redeployment from Operation Joint Guard which shows he entered the Theater of Operations on 7 March 1998 and departed the theater on 2 June 1998.

	c.  a 4th Squadron, 2nd Armored Cavalry Regiment certificate, dated 1 May 1998.  This certificate shows he was inducted into the Order of the Winged Spur in the 4th Squadron, 2nd Regiment of Dragoons for demonstrating cunning, finesse and panache in the finest cavalry traditions over American prairies, the deserts and waters of Southwest Asia, and the mountains of Bosnia-Herzegovina.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the former Republic of Yugoslavia (only for participants deployed in Bosnia-Herzegovina and Croatia) in support of Operation Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998.

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 that 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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	c.  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:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his deployment to Bosnia-Herzegovina and award of the Armed Forces Expeditionary Medal were carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Bosnia-Herzegovina from 6 March 1998 through 30 June 1998; a period of 3 months and 25 days.  Therefore, his DD Form 214 should be corrected to show his total period of foreign service.

3.  Additionally, based on his confirmed deployment to Bosnia-Herzegovina, he is entitled to correction of his DD Form 214 to specifically show this deployment information.

4.  Evidence shows the applicant completed a qualifying period of service for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

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:

	a.  deleting the current entry from item 12f of his DD Form 214 and adding the entry "0000  03  25";

	b.  adding the Armed Forces Expeditionary Medal to item 13 of his DD Form 214; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19980306-19980630."



      _______ _  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)                                         AR20120010141





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ABCMR Record of Proceedings (cont)                                         AR20120010141



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