IN THE CASE OF:	  

		BOARD DATE:	    29 April 2010

		DOCKET NUMBER:  AR20090018062 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she deployed to Somalia for approximately 3 months.

2.  The applicant states she was unaware at the time of her discharge that overseas deployments were supposed to be listed on her DD Form 214.

3.  The applicant provides her 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's military records show that she enlisted in the Regular Army on 20 November 1990, was awarded the military occupational specialty of unit supply specialist, and was promoted to pay grade E-4.

3.  The applicant was honorably released from active duty on 22 April 1993.  Her DD Form 214, item 12f (Foreign Service), has "00  00  00" entered (which indicates no foreign service).

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."

5.  In the processing of this case, the Defense Finance and Accounting Service checked its pay records and stated the applicant had no foreign duty pay.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no evidence to corroborate that the applicant was deployed overseas.

2.  Without evidence to support her contention, there is insufficient documentation to grant her 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)                                         AR20090018062



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ABCMR Record of Proceedings (cont)                                         AR20090018062



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