RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050002284


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
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 his service in Germany,
Somalia, and Panama to include the year and month at each location.

2.  The applicant states that his DD Form 214 does not show where he
served. He also states that he needs his DD Form 214 to show where he was
for medical purposes such as a medical claim with the Veterans
Administration (VA).

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 April 1994, the date of his separation for placement on the
temporary disability retired list (TDRL).  The application submitted in
this case is dated 1 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he entered active duty (AD) on
2 March 1988, as a combat signaler (31K).  He was promoted to specialist
(SPC/E-4) effective 1 June 1990.  He continued to serve until he was
separated for placement on the TDRL effective 12 April 1994.

4.  Item 12f (Foreign Service), of the applicant’s DD Form 214, shows the
entry
"02 11 00" (2 years and 11 months).

5.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel
Qualification Record - Part II) shows that he served in Germany from
10 August 1988 through 1 July 1991.  Item 35 (Record of Assignments) shows
that he was assigned to Headquarters and Headquarters Battery (HHB), 2nd
Battalion, 32nd Field Artillery (FA) Regiment, and assigned to the HHB, 4th
Battalion, 7th FA, during his service in Germany.

6.  There is no record of or orders in the applicant's records that show
his unit was deployed to Somalia or Panama while serving in Germany.

7.  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 active duty Soldiers deployed with their unit during their continuous
period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED)
from (Inclusive dates for example, YYYYMMDD-YYYYMMDD) will be entered in
item 18 (Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Germany from
10 August 1988 through 1 July 1991, 2 years and 11 months, which is shown
in item 12f of his DD Form 214.  He was assigned to HHB, 2nd Battalion,
32nd FA Regiment, and HHB, 4th Battalion, 7th FA, during his service in
Germany.   However, there is no evidence, and the applicant has provided
none, to show that his unit was deployed to Somalia or Panama while serving
in Germany.  Therefore, his DD Form 214 is correct as currently
constituted.  He is not entitled to correction of his DD Form 214 to show
that his unit was deployed to Somalia or Panama while serving in Germany.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 April 1994; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 10 April 1997.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LMD___  _JEA____  _JAM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002284                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19940411                                |
|DISCHARGE AUTHORITY     |AR 635-40, paragraph 4-24e(2)           |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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