IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140016311
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 that his deployments to Kosovo be shown on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he needs the information on his DD Form 214 so that he can get needed assistance from the Department of Veterans affairs (VA).
3. The applicant provides no additional evidence
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 served in the Regular Army for 3 years. He completed training as a ground surveillance radar system operator and served in Southwest Asia.
3. He was released from active duty (REFRAD) in January 1997, but enlisted for 3 years on 28 December 1998.
4. The applicants records for his second enlistment are incomplete. The latest entry in Section VII (Current and Previous Assignments) of his Personnel Qualification Record Part II shows he was assigned to C Company, 101th Military Intelligence Company in Germany.
5. The applicant was discharged on 19 October 2000.
6. The Defense Finance and Accounting Service (DFAS) confirms the applicant received Hostile Fire/Imminent Danger Pay (HF/IDF) and combat zone tax exclusion (CZTE) in Macedonia for the periods 4 July 1999 through 11 December 1999 and 12 April 2000 through 18 June 2000.
7. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments. Its instructions provide that the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" is to be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was deployed to Macedonia for two separate periods, 4 July 1999 through 11 December 1999 and 12 April 2000 through 18 June 2000.
2. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below
BOARD VOTE:
____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 adding to item 18 of his DD Form 214, dated 19 October 2000, SERVICE IN MACEDONIA FROM 19990704-19991211 AND FROM 20000412-20000618.
_______ _ _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) AR20140016311
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ABCMR Record of Proceedings (cont) AR20140016311
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