IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002776
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 deployment to Bosnia-Herzegovina.
2. The applicant states he was deployed to Bosnia-Herzegovia in support of Operation Joint Endeavor (OJE) from December 1995 to November 1996; however, his DD Form 214 does not reflect this service. He is applying for Department of Veterans Affairs benefits and needs this correction in order to show his eligibility.
3. The applicant provides:
* DD Form 214 for the period ending 9 January 2001
* DD Form 214 for the period ending 26 February 2003
* DD Form 214 for the period ending 20 September 2006
* Operation Order (OPORD) 95-425 (Iron Endeavor), issued by Headquarters, Task Force Eagle, effective on or about 13 December 1995, with attached Alpha Roster, dated 1 February 1996
* Military Personnel (MILPER) Message Numbers 99-100, 99-101, and
99-128, issued by Headquarters, U.S. Army Personnel Command
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. On 3 May 1994, the applicant enlisted in the Regular Army.
3. The OPORD provided by the applicant states the 1st Armored Division Engineer was to deploy to Bosnia-Herzegovina in support of OJE on or about
13 December 1995. The deployment was for a period of 364 days. The attached Alpha Roster included the applicant's name and showed he was assigned to the 16th Engineer Battalion.
4. The MILPER messages provided by the applicant state that Soldiers participating in OJE from 1 June 1992 to 19 December 1996 were authorized award of the Army Forces Expeditionary Medal (AFEM) and the Armed Forces Service Medal (AFSM) for the same operation as an exception to policy.
5. The applicant's DD Form 214 for the period ending 9 January 2001 shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded both the AFEM and the AFSM; and
b. item 18 (Remarks) no entry showing his deployment to Bosnia-Herzegovina.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP), and combat zone tax exclusion (CZTE) during the periods 23 December 1995 to 18 January 1996 and 3 March to 22 August 1996.
7. Army Regulation 635-5 (Personnel Separations - 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. It states that for an active duty Soldier deployed to a foreign country 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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his deployment to Bosnia-Herzegovina.
2. The available evidence shows the applicant was placed on orders for deployment to Bosnia-Herzegovina and that he was awarded the AFEM and AFSM.
3. DFAS records indicate the applicant served in an area eligible for HF/IDP and CZTE for the periods 23 December 1995 to 18 January 1996 and 3 March to
22 August 1996.
4. Based on the available evidence, it is reasonable to conclude the applicant served in Bosnia-Herzegovina during the periods he received HF/IPD and CZTE. Therefore, his DD Form 214 for the period ending 9 January 2001 should be corrected to show his deployment in accordance with the dates shown in his DFAS record.
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 in Item 18 of his DD Form 214 for the period ending 9 January 2001 the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19951223 - 19960118 and FROM 19960303 - 19960822."
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 showing he deployed to Bosnia-Herzegovina from December 1995 to November 1996.
____________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) AR20130002776
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ABCMR Record of Proceedings (cont) AR20130002776
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