IN THE CASE OF: BOARD DATE: 6 March 2020 DOCKET NUMBER: AR20180004772 APPLICANT REQUESTS: in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 9 September 2001, to show his foreign service in Bosnia-Herzegovina. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Permanent Order 107-1, dated 16 April 1996 with attached roster and amendment * Certificate of Appreciation, dated 6 February 1999 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, through an administrative error, his foreign service shown in the evidence he provided was not annotated in the remarks block of his DD Form 214. 3. The applicant enlisted in the Regular Army on 15 May 1992. 4. The applicant was honorably discharged on 9 September 2001. His DD Form 214 shows in: a. Item 12f (Foreign Service), the entry "0007 09 11," meaning he was credited with 7 years, 9 months, and 11 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the Armed Forces Expeditionary Medal (AFEM). c. Item 18 (Remarks), does not contain any recorded entries that indicate he participated in any named operations or campaigns (e.g., Operation Joint Endeavor (OJE) or Operation Joint Forge (OJF)). 5. Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in: * Bosnia-Herzegovina/Croatia from 1 May 1996 through 30 November 1996, a period of 7 months * Bosnia-Herzegovina from 1 September 1998 through 30 September 1998, a period of 1 month * Bosnia-Herzegovina from 1 January 1999 through 31 January 1999, a period of 1 month 6. The applicant provides: a. Permanent Order 107-1, issued by Headquarters, 28th Transportation Battalion, APO AE, dated 16 April 1996, with attached roster and amendment that shows the applicant, as part of his unit - the 66th Transportation Company, was deployed in support of OJE and was assigned to the 28th Transportation Battalion effective 15 April 1996. b. A Certificate of Appreciation from the Commander, National Support Element, dated 6 February 1999 that shows the applicant was deployed as part of the 66th Transportation Company in support of OJF. 7. Army Regulation 600-8-22 (Military Awards) shows the AFEM was authorized for eligible participants in OJE during the period from 20 November 1995 through 19 December 1996 and for OJF during the period from 21 June 1998 to 23 March 1999. 8. The applicant's service in OJE or OJF is not shown in item 18 of his DD Form 214 as prescribed within Army Regulation 635-5 (Separation Documents), dated 15 August 1979. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include foreign service, his awards and decorations and DFAS records showing hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE). The Board considered the orders deploying him in support of Operation Joint Forge and a Certificate of Appreciation. The Board considered the policy for recording deployed service on a DD Form 214. Based on a preponderance of evidence, the Board determined that a correction was required due to an error (omission) on the applicant’s DD Form 214. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the DD Form 214 for the period of service ending 9 September 2001 to reflect in item 18 (Remarks) - "Service in Bosnia-Herzegovina/Croatia from 19960501-19961130, 19980901- 19980930, 19990101-19990131. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-4 shows that the AFEM was authorized for eligible participants in OJE during the period 20 November 1995 through 19 December 1996 and for OJF during the period from 21 June 1998 through 23 March 1999. 3. Army Regulation 635-5 (Separation Documents), dated 15 August 1979, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Table 2-1 provided instruction pertaining to the completion of the DD Form 214. Item 18 (Remarks) was used to document the remarks that were pertinent to the proper accounting of the separating Soldier's period of service. For active duty Soldiers who deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" would be included when the DD Form 214 was prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004772 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1