IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015384 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: 21 February 2017 DOCKET NUMBER: AR20150015384 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 by: a. deleting the current entry in item 12f and replacing it with "0002  03  00," b. adding to item 13 the Armed Forces Expeditionary Medal, and c. adding to item 18 the entry "SERVICE IN BOSNIA 19960107 - 19960302." ___________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: 21 February 2017 DOCKET NUMBER: AR20150015384 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 Bosnia. 2. The applicant states he served in Bosnia-Herzegovina from 7 January 1996 to 2 March 1996 in support of Operation Joint Endeavor. 3. The applicant provides: * two memoranda * DD Form 214 * Honorable Discharge Certificate filing record * Manifest dated 9 January 1996 * Peace Implementation Force Identification Card * four DFAS Forms 702 (Defense Finance and Accounting Service – Military (DFAS) Leave and Earnings Statements (LES)) dated January - April 1996 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 22 July 1993. . 3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 4 January 1994 to 2 April 1996, a period of 2 years and 3 months. On 21 July 1997, the applicant was honorably released from active duty (REFRAD) having completed 4 years of creditable active duty service. 4. The DD Form 214 issued upon his REFRAD shows in item 12f (Foreign Service) 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 (2nd Award) * National Defense Service Medal * Army Lapel Button * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Driver – Wheeled Bar 5. Item 18 (Remarks) of his DD Form 214 does not include deployment dates or locations. 6. The applicant provides: a. Headquarters, 23rd Engineer Battalion, memorandum (undated), which showing his rear detachment commander reported the applicant’s intermediate cold weather gloves and inserts were lost between 7 January and 2 March 1996 during continued movement and operations in Bosnia-Herzegovina; b. Headquarters, 23rd Engineer Battalion, memorandum, dated 28 February 1996, showing his battalion commander authorized his departure from Bosnia on or about 2 March 1996 to his home station for transition and expiration term of service or permanent change of station processing; and c. four DFAS Forms 702 issued between 1 January - 30 April 1996 showing he received hostile fire pay during the period 1 January to 31 March 1996. His January 1996 shows his foreign duty pay started on 11 January 1996 and his March 1996 LES shows his foreign duty pay ended on 2 March 1996. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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). 2. Army Regulation 635-5 (Separation Documents), 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: 1. The evidence of record confirms the applicant completed 2 years and 3 months of overseas service in Germany from 4 January 1994 to 2 April 1996, as evidenced by the entry shown on his DA Form 2-1. Item 12f of his DD Form 214 does not reflect this foreign service. It appears during his service in Germany, he and his unit deployed to Bosnia-Herzegovina. 2. The applicant states he served in Bosnia from 7 January to 2 March 1996. While there appears to be minor discrepancies with these dates as shown on his LESs pertaining to receipt of hostile fire pay and foreign duty pay, the evidence supports the applicant's request to correct his DD Form 214 to show his deployed service to Bosnia. 3. As a related issue, his participation in Operation Joint Endeavor in Bosnia qualifies him for award of the Armed Forces Expeditionary Medal. This medal is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015384 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2