IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013009 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013009 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 item 18 (Remarks) of his DD Form 214 to show "SERVICE IN FORMER YUGOSLAV REPUBLIC OF MACEDONIA FROM 20020503-20021115" instead of "SERVICE IN KOSOVO--20020428 TO 20021120." _____________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. IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013009 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 deployment to the Former Yugoslav Republic of Macedonia. 2. The applicant states his deployment to the Former Yugoslav Republic of Macedonia on 5 April 2005 is not listed on his DD Form 214. His DD Form 214 only shows his deployment to Germany. His DD Form 214 was reviewed by the Department of Veterans Affairs (VA) for his disability rating and his VA findings do not show any records of his deployment. He wants credit for his deployment. 3. The applicant provides: * Headquarters, 1st Infantry Division (Mechanized), Travel Order Number 04-918, dated 5 April 2002 * Headquarters and Headquarters Company, 2nd Brigade, personnel roster * VA rating extract * 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 8 August 1979. 3. Headquarters, 1st Infantry Division (Mechanized), Travel Order Number 04-918, dated 5 April 2002, shows Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division, deployed in support of Task Force Falcon – Kosovo Force 4A through Albania, Italy, and Greece, to the Former Yugoslav Republic of Macedonia to conduct peace keeping operations in support of Operation Joint Guardian in Kosovo for a period not to exceed 179 days and with a proceed date of on or about 1 April 2002. 4. On 31 August 2003, he retired. Item 18 (Remarks) of his DD Form 214 shows, in part, "SERVICE IN KOSOVO--20020428 TO 20021120." 5. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in the Former Yugoslav Republic of Macedonia for the period 3 May 2002 through 15 November 2002. 6. He provided an extract of his VA rating decision and an unspecified personnel roster showing he was assigned to Headquarters and Headquarters Company, 2nd Brigade. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: Although his DD Form 214 shows service in Kosovo for the period 28 April 2002 to 20 November 2002, his orders show his unit deployed to the Former Yugoslav Republic of Macedonia during this period and the Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in the Former Yugoslav Republic of Macedonia for the period 3 May 2002 through 15 November 2002. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013009 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013009 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2