IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022524
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 and any awards he may be authorized for that service.
2. The applicant states he served his country; however, his service in Bosnia is not shown on his DD Form 214.
3. The applicant provides no additional evidence in support of his request.
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 5 November 1997. He completed training and was awarded military occupational specialty (MOS) 14S (Avenger Crewmember).
3. On 19 June 2001, he was released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 3 years, 6 months, and 14 days of net active service. This form also shows the following entries:
a. Item 12f (Foreign Service) shows no service.
b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Army Service Ribbon.
c. Item 18 (Remarks) does not show he deployed or any named operations.
4. An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 11 August 2011, confirms the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 7 March through 21 September 1999 for service in Bosnia-Herzegovina.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 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 participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that 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 deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant served in Bosnia-Herzegovina from 7 March 1999 through
21 September 1999, a period of 6 months and 15 days as reported by DFAS; therefore, he is entitled to correction of his DD Form 214 to show this deployment. Additionally, this period of service qualifies him for the Armed Forces Expeditionary Medal and correction of his records to show this award.
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:
* amending item 12f of his DD Form 214 to add the entry "00000615"
* amending item 13 of his DD Form 214 to add the Armed Forces Expeditionary Medal
* amending item 18 of his DD Form 214 to add the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990307 19990921"
_____________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) AR20110008018
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022524
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