IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150002528
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.
2. The applicant states his foreign service was not added to his DD Form 214.
3. The applicant provides:
* two attachment orders
* DA Form 31 (Request for Leave)
* DA Form 348 (Equipment Operators Qualification Record)
* Document titled Bosnia Roster
* Personnel Qualification Record (DA Form 2A)
* Leave and Earnings Statement (LES) History Display
* 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 3 January 1997. He completed his initial training and he was assigned to Fort Hood, Texas.
3. On 2 January 2000, the applicant was honorably released from active duty.
4. His DD Form 214 shows he completed 3 years of creditable active duty service. Item 12f (Foreign Service) contains the entry 0000 00 00 indicating he did not complete any foreign service. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:
* Army Achievement Medal
* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
5. Item 18 (Remarks) of his DD Form 214 does not include foreign service entries. However, information obtained from the Defense Finance and Accounting Service confirms the applicant received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion (CTZE) from 20 September 1998 through 21 September 1999 for service in Bosnia-Herzegovina.
6. The applicant provides Permanent Orders (PO) Number (#) 2-XX4 (illegible) dated 27 July 1998 and PO # 036-01 dated 9 February 1999 issued by Headquarters, 1st Cavalry Division. These POs directed designated unit attachments to Task Force Eagle, Bosnia-Herzegovina for the purpose of deployment in support of Operation Joint Guard and Operation Joint Forge from on or about 20 August 1998 and on or about 22 February 1999. Each deployment was to last from 179 to 364 days.
7. The applicant provides a document titled Bosnia Roster prepared on
14 November 1999. It shows the applicant arrived in Bosnia on 20 September (year unspecified).
8. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in the Former Republic of Yugoslavia for Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).
9. Army Regulation 635-5 (Separation Documents), as in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.
a. item 12f was to contain the total foreign service completed during the current period of active duty.
b. item 18 was to contain for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant deployed to Bosnia for 1 year and 1 day from 20 September 1998 to 21 September 1999 as shown in his DFAS record. Therefore, item 12f of his DD Form 214 should reflect this foreign service.
2. As a related issue, his participation in Operation Joint Forge in Bosnia qualified him for award of the AFEM. This medal should be shown on his
DD Form 214.
3. Item 18 should be corrected to add the entry "SERVICE IN BOSNIA FROM
20 SEPTEMBER 1998 TO 21 SEPTEMBER 1999."
BOARD V OTE:
____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 as recommended below by:
a. deleting from his DD Form 21 the current entry in item 12f and replacing it with 0001 00 01
b. adding to his DD Form 214:
* in item 13 the Armed Forces Expeditionary Medal (Bosnia)
* in item 18 the entry SERVICE IN BOSNIA FROM
20 SEPTEMBER 1998 21 SEPTEMBER 1999
_______ _ _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) AR20150002528
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