BOARD DATE: 5 March 2014 DOCKET NUMBER: AR20130011507 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Kosovo. 2. The applicant states he deployed to Kosovo; however, it is not reflected on his DD Form 214. 3. The applicant provides copies of his DD Forms 214 and deployment 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. The applicant enlisted in the Regular Army on 29 January 1998 He completed his one-station unit training as an infantryman and airborne training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for his first and only duty assignment. 3. He deployed to Kosovo during the period 19990912 – 20000307 (5 months and 26 days). 4. On 29 January 2002, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years of total active service and was transferred to a U.S. Army Reserve unit in Topeka, Kansas. His DD Form 214 issued at the time of his REFRAD shows that he had no foreign service listed in item 12f and there is no indication of any deployments in item 18. 5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. item 18, for an active duty Soldier deployed to a foreign country 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)." DISCUSSION AND CONCLUSIONS: 1. The applicant deployed to Kosovo for a period of 5 months and 26 days during the period 19990912 – 20000307. 2. Accordingly, his DD Form 214 should be corrected to show his foreign service and deployment. BOARD VOTE: ___x__ ___x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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: * Deleting the entry “0000 00 00” in item 12f of his DD Form 214 for the period ending 28 January 2002 * Adding the entry “0000 05 26” to item 12f of his DD Form 214 for the period ending 28 January 2002 * Adding the entry “Service in Kosovo 19990912 – 20000307” to item 18 of his DD Form 214 for the period ending 28 January 2002 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20130011507 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130011507 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1