IN THE CASE OF
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130020384
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.
2. The applicant states:
* he served in Bosnia for 6 months during the period 10 September 1999 to 22 March 2000 and his DD Form 214 does not show this service
* he needs his foreign service shown on his DD Form 214 for future jobs that offer veterans' credit for foreign service
* he did not realize his foreign service was supposed to be listed on his DD Form 214 until he noticed it on someone else's DD Form 214
3. The applicant provides a copy of his North Atlantic Treaty Organization (NATO) Medal Certificate.
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 31 July 1997.
3. His DA Form 2-1 (Personnel Qualification Record Part II) contains the following entries:
* item 5 (Oversea Service) shows he served in Bosnia from 6 September 1999 through 23 March 2000
* item 9 (Awards, Decorations, and Campaigns) shows he was awarded or authorized the following awards and decorations:
* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
4. His Enlisted Record Brief (ERB) shows he was deployed from 6 September 1999 through 20 March 2000.
5. On 30 July 2001, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 12f (Foreign Service) of his DD Form 214 does not show he was credited with completing any foreign service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
* Army Lapel Button
6. Defense Finance and Accounting Service (DFAS) records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia for the period 10 September 1999 through 23 March 2000.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214.
a. For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the ERB.
b. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
Regulatory guidance states foreign service will be taken from the ERB; however, DFAS records show he completed a period of 6 months and 14 days of foreign service in Bosnia/Herzegovina. Accordingly, his DD Form 214 should be corrected to show his foreign service in Bosnia/Herzegovina from 10 September 1999 to 23 March 2000.
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 "0000 06 14"
* amending item 18 of his DD Form 214 to add the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990910-20000323"
___________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) AR20130020384
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020384
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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