IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022545 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show foreign service in Somalia.

2.  She states that she served in Somalia with the 157th Quartermaster Company, Field Service in 1994.

3.  She provides no additional documentation in support of this case.

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 14 April 1992 and successfully completed basic and advanced individual training.  She was awarded military occupational specialty 43M (Fabric Repair Specialist).

3.  Item 5 (Overseas Service) of her DA Form 2-1 (Personnel Qualification Record - Part II) does not show any overseas service.  

4.  She was honorably released from active duty on 13 April 1995.  Item 12f (Foreign Service) shows the entry "0000  00  00" indicating she did not complete any foreign service during her period of service.

5.  There is no evidence of record and the applicant did not provide any evidence, i.e., deployment, temporary change of station (TCS), and/or temporary duty (TDY) orders that show she served in Somalia.

6.  During the processing of this case, on 31 January 2011, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service in Somalia.  A representative of DFAS verified that there was no record in the applicant's Master Military Pay Account (MMPA) of any deployment in 1994 or 1995.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized preparation of the DD Form 214.  It states that for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

There is no evidence in her records and she has not provided any evidence that shows she served in Somalia during her term of service.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20100022545



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022545



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1