IN THE CASE OF: BOARD DATE: 16 May 2013 DOCKET NUMBER: AR20120020132 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 2 years of active service. 2. The applicant states he needs his DD Form 214 corrected to show he completed 2 years of active service in order to qualify for Department of Veterans Affairs (VA) benefits necessary to treat his post-traumatic stress disorder. He also states he served in Mogidishu, Somalia, for a year in 1992 and he needs the additional active service to qualify for benefits with the VA to treat his disabilities. 3. The applicant provides a self-authored letter explaining his application and email from the VA regarding his eligibility for benefits. 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 17 April 1992 for a period of 4 years and training as a petroleum supply specialist. He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Lee, Virginia, and Fort Leonard Wood before being transferred to Fort Hood, Texas, for his first and only duty assignment. 3. On 28 February 1994, his commander notified him that he was initiating action to discharge him from the service for misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, based on two incidents of spouse abuse (February 1993 and October 1993). 4. After consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf. 5. On 21 March 1994, the appropriate authority approved the recommendation for discharge and directed the issuance of a General Discharge Certificate. 6. Accordingly, he was discharged under honorable conditions on 25 March 1994 under the provisions of Army Regulation 635-200, paragraph 14-12b, due to misconduct. He completed 1 year, 11 months, and 9 days of active service. He had not completed his first full term of service. 7. A review of the available records failed to show the applicant's deployment to Somalia or any other deployments. 8. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights. 2. The applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, and was properly credited with completion of 1 year, 11 months, and 9 days of active service in accordance with the applicable regulations. 3. While the sincerity of his claim that he deployed to Somalia is not in doubt, he failed to show through the evidence submitted and the evidence of record that he was deployed to Somolia. 4. Additionally, the Board does not grant such credit solely for the purpose of qualifying individuals for veterans' benefits. 5. Accordingly, there is no basis to grant the applicant's request for additional service credit that he did not earn. 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 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) AR20120020132 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120020132 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1