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ARMY | BCMR | CY2014 | 20140019204
Original file (20140019204.txt) Auto-classification: Approved

	
		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140019204 

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 Macedonia and Bosnia-Herzegovina and any awards he may be authorized as a result of this service.

2.  The applicant states he served more than 180 days in both countries.

3.  The applicant provides his Veterans Eligibility Report and military orders.

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.  On 11 June 1999, the applicant enlisted in the Regular Army.

3.  He was released from active duty on 10 June 2003 after completing 4 years of net active service.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service), no record of any foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar; and

	c.  item 18 (Remarks), no entries for deployment in support of any named operations.

4.  Permanent Order 075-4 issued by Bravo Detachment, 18th Personnel Services Battalion, Fort Bragg, NC, dated 16 March 2002, awarded him the Army Good Conduct Medal (1st Award) for the period 11 June 1999 to 10 June 2002.

5.  An email from the Defense Finance and Accounting Service confirms he received hostile fire/imminent danger pay and combat zone tax exclusion during the periods:

* 1 March-4 April 2000 for service in Bosnia (1 month and 5 days)
* 1 May-31 May 2000 for service in Croatia (1 month and 1 day)
* 1 June-30 June 2000 for service in Bosnia (1 month)
* 1 July-31 August 2000 for service in Croatia (2 months and 2 days)
* 1 September-30 September 2000 for service in Bosnia-Herzegovina 
(1 month)
* 20 October 2001-29 April 2002 for service in Macedonia (6 months and 
10 days)

6.  Orders 035-052 issued by Headquarters, XVIII Airborne Corps and Fort Bragg, dated 4 February 2000, show he was deployed in support of Operation Joint Forge on or about 6 March 2000.

7.  A review of his records show he is authorized additional awards.

8.  The Global War of Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized award of the GWOTSM.
9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation stated:

	a.  to list all foreign service credit performed during the period covered by the DD Form 214 in item 12f and

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Bosnia-Herzegovina, Croatia, and Macedonia during multiple periods between the calendar years 2000-2002.  Therefore, he is entitled to correction of his DD Form 214 to show these deployed periods.  

2.  The sum of the applicant's foreign service equals 1 year and 16 days.  As a result, it would be appropriate to amend item 12f of his DD Form 214 to show this service.

3.  Permanent orders awarded the applicant the Army Good Conduct Medal (1st Award) for the period 11 June 1999 through 10 June 2002.  This award should be added to his DD Form 214.  This period of service also qualifies him for award of the GWOTSM and correction of his DD Form 214 to show this medal.

4.  In view of the above, his request should be granted.

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 his DD Form 214 as follows:

	a.  adding the entry "0001  00  16" (1 year and 16 days) to item 12f,

   b.  adding award of the Army Good Conduct Medal (1st Award) and GWOTSM to item 13, and

	c.  adding the following entries to item 18:

* "SERVICE IN BOSNIA-HERZEGOVINA FROM 20000301-20000404; 20000601-20000630; AND 20000901-20000930"
* "SERVICE IN CROATIA FROM 20000501-20000531 AND 20000701-20000831"
* "SERVICE IN MACEDONIA FROM 20011020-20020429"



      ___________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)                                         AR20140019204



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ABCMR Record of Proceedings (cont)                                         AR20140019204



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