IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140008637
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) for the period ending 30 July 1999 to show his overseas deployment to Bosnia in 1996 while he was attached to a unit at Fort Hood, TX and stationed in Fort Riley, KS and his overseas deployment to Bosnia in 1998 while he was stationed at Fort Hood, TX.
2. He states his two deployments to Bosnia are not shown on his DD Form 214.
3. He provides his DD Form 214 for the period ending 30 July 1999.
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's service record shows he completed prior enlisted service in the U.S. Army Reserve and his DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the Regular Army (RA) on 3 February 1994. (His DD Form 214 shows he entered active duty on 1 October 1993).
3. He was honorably released from active duty on 30 July 1999 at the completion of required active service and he was transferred to a Reserve unit on the next day. His DD Form 214 shows in:
a. item 12f (Foreign Service), he completed 1 year of foreign service.
b. item 18 (Remarks), no entry indicating he was deployed to Bosnia.
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 1 September 1998 to 20 March 1999 for service in Bosnia (a period of 6 months and 20 days).
5. His service record is void of evidence which shows he was deployed to Bosnia in 1996.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD form 214.
b. item 18, 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)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was deployed to Bosnia in 1996 and 1998 is acknowledged.
2. DFAS confirmed the applicant received HF/IDP and CZTE for the period 1 September 1998 to 20 March 1999 for service in Bosnia. This is a period of 6 months and 20 days. Therefore, his DD Form 214 for the period ending 30 July 1999 should be corrected to reflect his deployment to Bosnia from 1 September 1998 to 20 March 1999 in item 18.
3. His DD Form 214 for the period ending 30 July 1999 shows he served 1 year of foreign service during the period covered by the report. However, his service record is void of evidence and he has not provided any evidence to show he was deployed to Bosnia in 1996. Therefore, there is no basis for granting this portion of his request. It is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to his or her record so his DD Form 214 will not be amended to show only 6 months and 20 days of foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 for the period ending 30 July 1999 of the individual concerned be corrected by amending item 18 to add the entry: "SERVICE IN BOSNIA FROM 19980901 TO 19990320."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 for the period ending 30 July 1999 to show he was deployed to Bosnia in 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) AR20140008637
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ABCMR Record of Proceedings (cont) AR20140008637
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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