IN THE CASE OF:	  

		BOARD DATE:	    24 June 2014

		DOCKET NUMBER:  AR20130017740 


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 foreign service in Bosnia and all awards to which he may be entitled.

2.  The applicant states his service in Bosnia was not listed on his DD Form 214.

3.  The applicant provides:

* signature verification
* DD Form 214
* Detachment A, 55th Personnel Services Battalion, Orders 48-07, dated 17 February 1996
* Headquarters, 1st Squadron, 1st Cavalry, memorandum for record, dated 18 February 1996, subject:  Certification for Deployment

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 9 June 1995 and held military occupational specialty 63M (Bradley Fighting Vehicle Systems Maintainer).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to Germany from 9 January 1996 to 27 May 1997 and to Korea from 9 December 2001 to 5 December 2002.

4.  He provided Detachment A, 55th Personnel Services Battalion, Orders 48-07, dated 17 February 1996, showing he was assigned to the 1st Battalion, 1st Cavalry Regiment, Tuzla, Bosnia-Herzegovina, for a deployment in support of Operation Joint Endeavor.  He was ordered to proceed on 19 February 1996.

5.  On 1 July 2004, he was honorably discharged from the Army.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) that he completed 3 years, 4 months, and 12 days of foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded or authorized the:

* Army Achievement Medal (2nd Award)
* Presidential Unit Citation
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* "Korean Service Medal"
* Global War on Terrorism Expeditionary Medal
* Armed Forces Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* North Atlantic Treaty Organization Medal (Yugoslavia)
* Driver and Mechanic Badge

	c.  item 18 (Remarks), no record of deployment to Bosnia; however, it does show he served in support of Operations Iraqi Freedom/Enduring Freedom from 27 March 2003 to 26 March 2004.

6.  An email from the Defense Finance and Accounting Service (DFAS), dated 30 October 2013, confirms he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Croatia from 20 February 1996 through 20 October 1996.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korean Service Medal is authorized for award to members of the Armed Forces of the United States for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that item 18 documents a Soldier's participation in foreign deployments in support of named operations.  For active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Bosnia-Herzegovina/
Croatia from 20 February 1996 to 20 October 1996.  Therefore, he is entitled to correction of his DD Form 214 to add this deployment period.

2.  Additionally, it appears that the individual who prepared his DD Form 214 inadvertently indicated he was authorized the Korean Service Medal vice the Korea Defense Service Medal.  The Korean Service Medal was only issued for qualifying service between 27 June 1950 and 27 July 1954.  However, the Korea Defense Service Medal was authorized for qualifying service in Korea after 27 July 1954.  Therefore, he is entitled to correction of his DD Form 214 to show the Korea Defense Service Medal in lieu of the Korean Service Medal.

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.  deleting award of the Korean Service Medal from item 13 of his DD Form 214,

	b.  adding award of the Korea Defense Service Medal to item 13 of his DD Form 214, and

	c.  adding the entry "SERVICE IN BOSNIA-HERZEGOVINA/CROATIA FROM 19960220-19961020" 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)                                         AR20130017740



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ABCMR Record of Proceedings (cont)                                         AR20130017740



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