BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020083
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 award of the Armed Forces Expeditionary Medal (AFEM) for his deployment to Bosnia and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect this deployment and the medal.
2. The applicant states:
* he is authorized the AFEM by virtue of his deployment to Bosnia with the 536th Military Police Company in support of Operation Joint Endeavor
* his DA Form 2-1 (Personnel Qualification Record Part II) only shows his deployment to Hungary, not his follow-on deployment with the same unit to Bosnia
* he deployed with his unit to Hungary from 27 December 1995 through 9 January 1996 and to Bosnia from 9 January 1996 through 26 November 1996
* a fellow Soldier with whom he served at the time received the AFEM for the same deployment to Bosnia
* he believes a clerical error in his records is the cause of the oversight
3. The applicant provides:
* self-authored statement
* DA Form 2-1
* two DD Forms 214
* Enlisted Record Brief (ERB)
* DA Form 1059 (Service School Academic Evaluation Report)
* Application for Cold War Recognition Certificate
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 requested award of the AFEM. His military record contains a DD Form 215 (Correction to DD Form 214) issued by HRC on 5 December 2014, correcting his DD Form 214 with a separation date of 6 April 2001 to reflect award of the AFEM. Based on this information, his request pertaining to the AFEM has already been addressed and will not be discussed further in these Proceedings. A copy of his DD Form 215 will be provided to him for information.
3. After prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army on 11 March 1993.
4. His DA Form 2-1 shows his assignment to the 536th Military Police Company, Grafenwöhr, Germany, on 25 October 1995.
5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Croatia during the period 8 January 1996 through 20 November 1996.
6. His records contain an Army Achievement Medal Certificate, dated 24 January 1997, awarding him the Army Achievement Medal for exceptionally meritorious performance and professionalism as a military policeman from
10-24 September 1996 in support of the Bosnia National Elections as a member of the 536th Military Police Company and Task Force Eagle. This corroborates the applicant's physical presence in Bosnia and participation in Operation Joint Endeavor of which Task Force Eagle was the U.S. contingency.
7. His DA Form 2-1 shows his reassignment from the 536th Military Police Company, Grafenwöhr, Germany, to the 293rd Military Police Company, Fort Stewart, Georgia, on 20 November 1998.
8. He was honorably discharged on 6 April 2001 for completion of required active service. Item 18 (Remarks) of his DD Form 214 shows no deployments. Item 12f (Foreign Service) correctly shows 3 total years of foreign service.
9. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the preparation of separation documents 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 for an active duty Soldier deployed with his or her unit during their continuous period of active duty, 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's request for correction of his DD Form 214 to show his deployment to Bosnia was carefully considered and found to have merit.
2. An Army Achievement Medal Certificate and DFAS records corroborate the applicant's deployment to Bosnia in support of Operation Joint Endeavor from 8 January 1996 through 20 November 1996. Therefore, it would be appropriate to correct his DD Form 214 to add this deployment to item 18.
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 adding the entry "SERVICE IN BOSNIA FROM 19960108-19961120" to item 18 of 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.
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