IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140016880 


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:

	a.  award of the National Defense Service Medal (NDSM) and Combat Infantryman Badge (CIB) and

	b.  his service in Bosnia in item 12f (Foreign Service).

2.  The applicant states:

	a.  He was informed by the Department of Veterans Affairs he should have received the NDSM and CIB for his service in Bosnia.

	b.  Item 12f of his DD Form 214 does not reflect his service in Bosnia from 1 September 1999 to 21 March 2000 (a total of 6 months and 21 days).

3.  The applicant provides his DD Form 214.

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 August 1998.  He completed his training and was awarded military occupational specialty 11B (infantryman).  On 10 December 2000, he was honorably released from active duty.

3.  His DD Form 214 does not show the NDSM or CIB as authorized awards.

4.  His DD Form 214 shows in:

* item 12f – "0000  00  00"
* item 18 (Remarks) – service in Bosnia from 1 September 1999 to 21 March 2000

5.  There are no orders for the CIB in the available records.

6.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

7.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Award of the CIB is authorized for the following qualifying wars, conflicts, and operations:

* World War II – 7 December 1941 to 3 September 1945
* Korean War – 27 June 1950 to 27 July 1953
* Vietnam Conflict – 2 March 1961 to 28 March 1973
* Vietnam Conflict (combined with qualifying service in Laos) – 19 April 1961 to 6 October 1962
* Dominican Republic – 28 April 1965 to 1 September 1966
* Korea (along the Demilitarized Zone) – 4 January 1969 to 31 March 1994
* El Salvador – 1 January 1981 to 1 February 1992
* Grenada – 23 October to 21 November 1983
* Joint Security Area, Panmunjom, Korea – 23 November 1984
* Panama – 20 December 1989 to 31 January 1990
* Southwest Asia Conflict – 17 January to 11 April 1991
* Somalia – 5 June 1992 to 31 March 1994
* Afghanistan (Operation Enduring Freedom) – 5 December 2001 to a date to be determined
* Iraq (Operation Iraqi Freedom) – 19 March 2003 to a date to be determined

8.  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.  The instructions stated that 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 Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty from 14 August 1998 to 10 December 2000.  The governing regulation states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Since he did not serve a period of qualifying service for award of the NDSM, there is no basis for granting his request for this medal.

2.  Although he contends he should have received the CIB for his service in Bosnia, award of the CIB is not authorized for service in Bosnia.  Therefore, there is no basis for granting his request for this badge.

3.  The entry in item 18 of his DD Form 214 which shows he served in Bosnia from 1 September 1999 to 21 March 2000 is accepted as sufficient evidence on which to amend item 12f of his DD Form 214.  Therefore, item 12f of his DD Form 214 should be corrected to show he served 6 months and 21 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 the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "0000  06  21."

2.  The Board further determined 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 adding award of the NDSM or CIB to 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)                                         AR20140016880



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ABCMR Record of Proceedings (cont)                                         AR20140016880



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