BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011420 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011420 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0001  05  00," and d. adding the entry "SERVICE IN BOSNIA FROM 19970207-19970710" to item 18 of his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DA Form 2-1. _____________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. BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011420 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: a. correction of item 12f (Foreign Service) of his DD Form 214 (Certification of Release or Discharge from Active Duty) and b. correction of his DA Form 2-1 (Personnel Qualification Record – Part II) to show his overseas service in Germany and Bosnia and award of the North Atlantic Treaty Organization (NATO) Medal, Joint Service Achievement Medal, and Armed Forces Service Medal. 2. The applicant states: a. Item 12f of his DD Form 214 is missing his foreign service in Germany and Bosnia. This is also missing from item 35 (Record of Assignments) of his DA Form 2-1. b. He served in Germany (training) in January 1997 and in Bosnia from February 1997 to July 1997. He received the NATO Medal and Joint Service Achievement Medal while serving in Bosnia. c. The NATO Medal, Joint Service Achievement Medal, and Armed Forces Service Medal are missing in item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1, but they are reflected on his DD Form 214. 3. The applicant provides two applications. 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 9 September 1993 for a period of 4 years. 3. U.S. National Support Joint Task Force, Permanent Orders 174-27, dated 23 June 1997, awarded him the Joint Service Achievement Medal for meritorious achievement for the period 7 February 1997 to 10 July 1997. 4. His records contain a NATO Medal Certificate for service with NATO on operations in relation to the former Yugoslavia during the period 7 February 1997 to 10 July 1997, a period of 5 months and 4 days. 5. His DA Form 2-1 shows in: * item 5 (Oversea Service) – he served in Korea from 27 November 1994 through 22 November 1995 (total of 11 months and 26 days) * item 9 – Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Army Good Conduct Medal (1st Award) * item 35 – no service in Germany or Bosnia 6. On 8 September 1997, he was honorably released from active duty for completion of required active service. 7. His DD Form 214 shows he was awarded or authorized the: * NATO Medal * Army Commendation Medal * Joint Service Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button 8. His DD Form 214 shows in: * item 12f – he completed 11 months and 26 days of foreign service * item 18 (Remarks) – no deployments 9. There is no evidence showing he served in Germany in January 1997. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared 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. a. The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. 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 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 2. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. The DA Form 2-1 (Personnel Qualification Record – Part I) and DA Form 2A (Personnel Qualification Record – Part I – Enlisted Peacetime) constitute the Enlisted Personnel Qualification Record. Combined, these forms provide a formal and permanent record of personnel management qualifications. Essential personnel information is recorded in a record for use by personnel managers, commanders, and the individual Soldier. 3. The DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army's personnel life-cycle function of sustainment. This form is now obsolete and has been replaced with the ERB. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation. The DA Form 2-1 is not normally accessible by individuals other than the Soldier, there is no basis for the Board to correct it. DISCUSSION: 1. The applicant's request to amend item 12f of his DD Form 214 appears to have merit. His NATO Medal Certificate confirmed he deployed to Bosnia from 7 February 1997 to 10 July 1997, a period of 5 months and 4 days. Item 12f of his DD Form 214 does not show this foreign service and item 18 does not show this deployment. There is no evidence showing he served in Germany in January 1997. 2. His request to amend his DA Form 2-1 was carefully considered. However, since the DA Form 2-1 is obsolete, and this form is not normally accessible by individuals other than the Soldier. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2