BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021387
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 he served in Bosnia from March 1999 to September 1999.
2. The applicant states this information is not on his discharge document, nor is his foreign service indicated in item 12f (Foreign Service).
3. The applicant provides:
* DD Form 214
* NATO Medal Certificate
* Department of Public Services Letter, dated 9 November 2012
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 8 January 1998. He completed training as a military police.
3. On 27 September 1999, the applicant was discharged under honorable conditions. His Army Military Human Resource Record (AMHRR) does not contain his orders to or from Bosnia. His AMHRR does contain documents that show he was in Bosnia from May 1999 until September 1999.
4. Item 12f and item 18 (Remarks) on his DD Form 214 do not show he served in Bosnia.
5. The applicant provides a copy of an Operation Joint Forge Certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia, during the period 5 March 1999 through 10 September 1999. This certificate shows he was in Bosnia-Herzegovina.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge. It states:
a. In item 12f From Enlisted Record Brief, enter the total amount of foreign service completed during the period covered in Item 12.c.
b. In item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Enter all awards and decorations for all periods of service.
c. In item 18 For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
7. Military Personnel Message (MILPER) Number 99-157 announced the extension of Section 572, National Defense Authorization Act, Fiscal Year 1998,
to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge
effective 21 June 1998 to a date to be determined. Award of the Armed Forces Expeditionary Medal is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard U.S. Naval vessels operating in the Adriatic Sea, and their respective air space.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows that the applicant served in Bosnia from 5 March 1999 through 10 September 1999. His DD Form 214 should be amended to show his foreign service.
3. His DD Form 214 should also be amended to show the NATO Medal and the Armed Forces Expeditionary 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 amending his DD Form 214 as follows:
* Item 12f 06 Months, 06 Days
* Item 13 adding "NATO Medal" and "Armed Forces Expeditionary Medal"
*
Item 18 "SERVICE IN BOSNIA FROM 19990305-19990910"
_______ _ 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) AR20120021387
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ABCMR Record of Proceedings (cont) AR20120021387
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