IN THE CASE OF:	 

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080006685 


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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his foreign service in Bosnia for nine months.  

3.  The applicant provides no additional documentary evidence in support of his application.

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’s military records show that he enlisted in the Army Delayed Entry Program, in pay grade E-1, on 29 August 1994.  He enlisted in the Regular Army, in pay grade E-1, on 28 July 1995, for 3 years and 12 weeks.  

3.  The applicant’s Personnel Qualification Record – Part II and his records do not show he served in Bosnia during his period of service.  Item 5 (Overseas Service), of his Personnel Qualification Record, does not show he served overseas in Bosnia on either a permanent change of duty station or on a temporary duty basis.

4.  The applicant was released from active duty for completion of required active service, in pay grade E-4, on 27 July 1998, and was transferred to the United States Army Reserve Control Group (Reinforcement).

5.  The DD Form 214, item 12.f. shows no foreign service and there is no entry in Item 18 (Remarks) to show he was deployed to Bosnia.  

6.  Army Regulation 635-5, in effect at the time, prescribed the policies and procedures regarding separation documents.  The regulation specified that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty.  Foreign Service completed, for the period covered by the DD Form 214, will be entered in item 12.f.  The regulation also stated that Item 18 was for completing entries that were too long for their blocks.  At the time of the applicant’s released from active duty, there were no provisions to list deployment information and country and dates of deployment.  The regulation only required that the amount of foreign service would be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket, and entered in Item 12.f.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he served in Bosnia for nine months is acknowledged; however, there is no evidence in his active duty records and he has failed to provide compelling evidence to show he actually served in Bosnia.  Therefore, no basis has been established to show this foreign service on his DD Form 214.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20080006085



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ABCMR Record of Proceedings (cont)                                         AR20080006685


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