RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 October 2006
DOCKET NUMBER: AR20060004335
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 |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Ms. Marla J. N. Troup | |Chairperson |
| |Mr. Robert Rogers | |Member |
| |Mr. John G. Heck | |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 that his separation document (DD Form 214) show
his service in Afghanistan and Saudi Arabia.
2. The applicant states he served in these locations while assigned to
Battery B, 377th Field Artillery.
3. The applicant provides an enlarged copy of an award certificate for the
Armed Forces Expeditionary Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 3 May 2002, the date of his discharge. The application
submitted in this case is dated 9 March 2006.
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 records show the applicant enlisted in the Regular Army on 14 July
1998 with 7 months and 5 days of prior active service in the National
Guard.
4. An Armed Forces Expeditionary Medal award certificate, dated 11 March
2001, indicates that "HQ, TF 2-1 ADA Riyadh, Saudi Arabia" awarded the
applicant the Armed Forces Expeditionary Medal.
5. The DA Form 2-1 (Personnel Qualifications Record) contains no listing
of assignments to units serving overseas. It does not list the Armed
Forces Expeditionary Medal as an authorized award.
6. The applicant's Official Military Personnel File does not contain any
type of documentation that would clarify if or when the applicant served
overseas. It also does not contain a copy of the award certificate for the
Armed Forces Expeditionary Medal.
7. The applicant was discharged, with a general discharge, on 3 May 2002
for misconduct. He had 3 years, 9 months, and 20 days of creditable
service. The DD Form 214 does not list any period of foreign service.
DISCUSSION AND CONCLUSIONS:
1. While the award certificate indicates the applicant served at least in
Saudi Arabia, there is no documentation to show his period of service and
there is no documentation to show that he served in Afghanistan. Without
some type of verification where and when he served overseas no correction
of records can be completed.
2. 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.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 May 2002; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 May 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
_RR____ __MNJT__ _JGH ___ 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.
_ Marla J. N. Troup____
CHAIRPERSON
INDEX
|CASE ID |AR20060004335 |
|SUFFIX | |
|RECON | |
|DATE BOARDED | 20061026 |
|TYPE OF DISCHARGE |GD |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |. . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |120.000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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