RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 JULY 2006
      DOCKET NUMBER:  AR20050014927


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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, in effect, his DD Form 214 (Certificate of
Release or Discharge) show his overseas duty in Kuwait and Egypt.  He also
requests any awards that he may be entitled to while assigned to
Headquarters, 1st Brigade, 3rd Infantry, during his overseas duty.

2.  The applicant states he served in Kuwait from December 1997 to August
1998 and in Egypt in support of Bright Star from 1998 to 1999.

3.  The applicant provides his DD Form 214, Leave and Earnings Statement
(LES) and a Certificate of Achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 August 2002.  The application submitted in this case
is dated
27 September 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 record shows he enlisted in the Regular Army on
         14 August 1996.  He served 5 years, 11 months, and 23 days on
active
duty and was honorably discharged on 13 August 2002.

4.  There is no “Foreign Service” listed in item 12f of the applicant’s DD
Form 214.  Additionally, in item 18 “Remarks” there are no entries
indicating that the applicant was deployed overseas in support of any type
of operation.

5.  The applicant provided his LES which shows that during the period
           1-30 April 1998 he received Hostile Fire/Imminent Danger Pay.



6.  The applicant was awarded a certificate of achievement for outstanding
food service support during the National Training Center Rotation 99-08
while he was assigned to Headquarters, 1st Brigade, 3rd Infantry Division
(Mechanized), Fort Stewart, Georgia.  The certificate is dated 2 August
1999.

7.  There are no orders or documentation contained in the applicant’s
military records verifying overseas service.

8.  Army Regulation 635-5 (Separation Documents) establishes standardized
policy for preparing and distributing the DD Form 214.  The regulation
states that the DD Form 214 is a summary of a Soldier's most recent period
of continuous active duty.  It provides a brief, clear-cut record of active
duty service at the time of release from active duty, retirement, or
discharge.  Paragraph 2-4, in pertinent part, requires the preparer to
enter, from the Enlisted Record Brief, the total amount of Foreign Service
completed during the period covered in block 12f.  Additionally, the
regulation states that for an active duty Soldier deployed with his or her
unit during their continuous period of active service, enter in block 18
remarks "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  This Board acknowledges that the applicant’s LES shows that during the
month of April 1998 he did receive imminent danger pay which indicates that
he was deployed.  However, the actual dates and place of deployment cannot
be determined based upon the available information.  Therefore, in the
absence of documentation verifying the applicant’s overseas service,
regularity must be presumed in this case.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 August 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on          12 August 2005.  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

__WP___  __MT  ___  __WC __  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.




                                  _____William Powers_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014927                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]