BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001255
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 his service in Bosnia-Herzegovina be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his deployment with the 141st Signal Battalion in Bosnia-Herzegovina is not reflected on his DD Form 214.
3. The applicant provides no additional documents.
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 14 July 1992. He held military occupational specialty 31P (Microwave Systems Operator Maintainer).
3. On 13 September 1997, the applicant was honorably released from active duty.
4. His DD Form 214 shows he completed 5 years of creditable active duty service of which 4 years and 21 days was foreign service. The DD Form 214 shows he earned the following awards:
* Army Superior Unit Award (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* German Marksmanship Badge (Silver)
5. Item 18 (Remarks) of his DD Form 214 does not include foreign service entries. However, information obtained from the Defense Finance and Accounting Service confirms the applicant received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion (CTZE from December 1995 through December 1996 for his service in Bosnia-Herzegovina.
6. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).
7. Army Regulation 635-5 (Separation Documents), as in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated that for an active duty Soldier deployed 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)" was to be entered in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant deployed to Bosnia from December 1995 to December 1996 as shown on his DFAS record. As a related issue, he served a qualifying period in Bosnia during Operation Joint Forge for entitlement to the AFEM which is not shown in his record. Therefore, based on his service in Bosnia he is entitled to the AFEM and correction of his DD Form 214 to show this award. In addition, item 18 should be corrected to add the entry "SERVICE IN BOSNIA FROM DECEMBER 1995 TO DECEMBER 1996."
BOARD V OTE:
___x_____ __x______ _x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 to his DD Form 214 the Armed Forces Expeditionary Medal (Bosnia) and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM DECEMBER 1995 DECEMBER 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) AR20140001255
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