IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130006509 


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, in effect, he was deployed to Bosnia-Herzegovia in support of Operation Joint Guard from 18 October 1996 to 31 April 1997; however, his DD Form 214 does not reflect this service.

3.  The applicant provides copies of:

* Permanent Orders 284-1, Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 10 October 1996, with personnel roster
* 1st endorsement amendment to Permanent Orders 284-1, undated
* 62nd Engineer Battalion History (4 pages)
* DA Form 638 (Recommendation for Award), dated 31 July 1997 (front side only)
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period July 1996 through November 1996

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.  On 4 December 1978, the applicant enlisted in the Regular Army.

3.  Permanent Orders 284-1 with personnel roster provided by the applicant show the 62nd Engineer Battalion was ordered to temporary duty under field conditions for a period of 179 days.  The location and effective date were classified and were not shown on the orders.  The attached personnel roster includes the applicant's name and shows he was assigned to the 62nd Engineer Battalion.

4.  The 1st endorsement amendment to Permanent Orders 284-1 provided by the applicant shows the 62nd Engineer Battalion as an Operation Joint Guard element.  The unit was directed to redeploy to Fort Hood, TX, with a reporting date of 1 April 1997.  The additional instructions state that personnel included on the attached roster are authorized award of the Armed Forces Service Medal (AFSM) and North Atlantic Treaty Organization (NATO) Medal.  All personnel deployed to the theater were authorized to receive foreign duty pay, family separation allowance, hazardous duty pay, imminent danger pay, and combat zone tax exclusion.

5.  The DA Form 638 and the DA Form 2166-7 provided by the applicant both indicate he served in Bosnia but did not specify the exact dates of that deployment.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Republic of Korea from 20 March 1987 to 19 March 1989.

7.  The applicant's DD Form 214 for the period ending 31 January 1998 shows:

	a.  no award of the AFSM, NATO Medal, or Korea Defense Service Medal (KDSM); and

	b.  no entry for his deployment to Bosnia-Herzegovina.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM.  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  Service members of the Armed Forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined.

9.  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.  It establishes standardized policy for 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 item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his deployment to Bosnia-Herzegovina.

2.  The available evidence shows the 62nd Engineer Battalion was placed on orders for deployment/redeployment to/from Bosnia-Herzegovina and the applicant was a member of the unit at the time.  Orders show those Soldiers listed on the attached personnel roster were authorized award of the AFSM and NATO Medal.

3.  The deployment orders and redeployment endorsement to those orders do not specify the exact dates of movement; however, the orders issuance date of 10 October 1996 and the return date to Fort Hood, TX, of 1 April 1997 are consistent with the applicant's contention that he was deployed from 18 October 1996 to 31 April 1997.  Accordingly, it would be appropriate to show the requested dates on his DD Form 214.

4.  The available evidence also shows the applicant served in the Republic of Korea and is authorized award of the KDSM.



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:

	a.  adding the following awards to his DD Form 214:

* Armed Forces Service Medal
* Korea Defense Service Medal
* NATO Medal

	b.  adding the statement "SERVICE IN BOSNIA-HERZEGOVINA FROM 19961018-19970431" to item 18 of 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)                                         AR20130006509



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ABCMR Record of Proceedings (cont)                                         AR20130006509



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