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ARMY | BCMR | CY2002 | 2002075654C070403
Original file (2002075654C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002075654

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley Powell Member
Mr. Elzey J. Arledge Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show foreign service in Bosnia from October 1997 to June 1998.

APPLICANT STATES: In effect, that his DD Form 214 should be corrected to show his service in Bosnia. In support of his application, he submits a copy of his DD Form 214 and deployment orders.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant initially served as an enlisted soldier in the Regular Army from July 1991 to July 1992 and completed training as a medical laboratory specialist under the split training program. He entered active duty as a commissioned officer on 10 May 1996 and completed training as a combat engineer. The applicant was honorably discharged on 10 May 2000 in the rank of captain.

The applicant's DD Form 214 does not show he served in Bosnia. His discharge document does not show any foreign service in item 12f (Foreign Service).

The applicant provided a copy of Headquarters, 1st Armored Division Unit Movement Order Number 97-050, dated 2 October 1997, which shows the applicant's unit, the 84th Engineer Company, was deployed to Bosnia-Herzegovina in support of Operation Iron Endeavor with an effective date no later than 2 October 1997. There is no evidence available to the Board which shows the specific dates he arrived to and departed from Bosnia-Herzegovina.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in
item 12f. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket. However, for service in a temporary duty status would not be reported as foreign service unless for a period longer than 6 months and that service would be reported in item 18 (Remarks) of the DD Form 214.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request for correction of his DD Form 214 to show service in Bosnia from October 1997 to June 1998.

2. The Board noted the deployment orders submitted by the applicant in support of his claim. However, these orders do not show the exact dates he was deployed to Bosnia. Therefore, there is no basis for amending the applicant's DD Form 214 to show service in Bosnia.

3. 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. The applicant has failed to submit evidence that would satisfy this requirement.

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

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

FNE_____ SP______ EJA_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002075654
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021022
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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