IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130011173
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Bosnia/Croatia.
2. The applicant states he knows he served in Bosnia/Croatia and it would be in his records. He was stationed at Fort Drum, NY, with the 2d Battalion, 14th Infantry Regiment, 10th Mountain Division (Light Infantry). He served in Croatia at the Slavonski Brod compound (redeployment staging base) in 1997. He knows it doesn't help with job opportunities, but he believes he should receive recognition for it on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 11 May 1994. He held military occupational specialty 11B (Infantryman). He reenlisted on 7 February 1997. He was assigned to the 2d Battalion, 14th Infantry Regiment.
3. On 23 October 1997, Task Force Pershing, Operation Joint Guard, Slavonski Brod, published Permanent Order 296-6 awarding him the Driver Badge (Wheel) for service from 15 October 1996 to 1 November 1997 while assigned to the 2d Battalion, 14th Infantry Regiment.
4. He was honorably released from active duty on 3 December 1999. His DD Form 214 shows in:
* item 12 (Foreign Service) no credit
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Armed Forces Service Medal
* North Atlantic Treaty Organization Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
* item 18 SERVICE IN HAITI: 940921-941118 (1 month and 28 days)
5. On 6 July 2013, the Defense Finance and Accounting Services verified the applicant received hostile fire and imminent danger pay for service in Bosnia from 24 March 1997 through 6 November 1997, a period of 7 months and 13 days.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated:
* item 12f would list credit for all foreign service completed during the period covered by the DD Form 214
* item 18 for an active duty Soldier deployed with his/her unit during their continuous period of active service, would list the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYMMDD)"
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
* Table 2-2 shows award of the Armed Forces Expeditionary Medal is authorized for Operation Uphold Democracy in Haiti from 16 September 1994 through 31 March 1995
* Table 2-3 shows award of the Armed Forces Expeditionary Medal is authorized for Operations Joint Endeavor and Joint Guard for service in Bosnia, Herzegovina, and Croatia from 1 June 1992 through 20 June 1998
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Haiti for a period of 1 month and 28 days. He served in Bosnia from 24 March 1997 through 6 November 1997, a period of 7 months and 13 days. Therefore, item 12f of his DD Form 214 should be corrected to show a credit of 9 months and 11 days of total foreign service.
2. He served in Haiti as well as in Bosnia. Item 18 of this DD Form 214 only listed his service in Haiti. He is entitled to correction of his DD Form 214 to show the statement: "SERVICE IN BOSNIA FROM 19970324-19971106."
3. The Armed Forces Expeditionary Medal is listed on his DD Form 214 and is presumed to have been awarded for his service in Haiti. He completed a qualifying period of service in Bosnia for a second award of the Army Forces Expeditionary Medal. Therefore, his DD Form 214 should be corrected to show this second 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:
* deleting the entry "0000 00 00" from item 12f of the applicant's DD Form 214 and adding the entry, "0000 09 11"
* deleting the Armed Forces Expeditionary Medal from item 13 of his DD Form 214
* adding the Armed Forces Expeditionary Medal (2nd Award ) to item 13 of his DD Form 214
* adding the statement: "SERVICE IN BOSNIA FROM 19970324-19971106" 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) AR20130011173
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ABCMR Record of Proceedings (cont) AR20130011173
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