RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060009944
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.
X
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 her report of separation (DD Form 214) be corrected to reflect the time she spent deployed to Bosnia and her two awards of the Army Commendation Medal.
2. The applicant states that her DD Form 214 does not reflect the time she spent in Bosnia or her two awards of the Army Commendation Medal (ARCOM 1OLC). She also states that she has no documentation to show her service in Bosnia; however, the first sergeant and property book officer can verify her presence there.
3. The applicant provides copies of the two certificates awarding her the ARCOM, which are also filed in her Official Military Personnel File (OMPF).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 21 January 2002. The application submitted in this case is dated 23 June 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 applicants failure to timely file.
3. The applicant enlisted in the Regular Army in the pay grade of E-4 on 22 June 1999 for a period of 2 years and training as a unit supply specialist. She completed her basic combat training at Fort Jackson, South Carolina and her advanced individual training (AIT) at Fort Lee, Virginia.
4. Upon completion of her AIT she was transferred to Camp Howze, Korea on 15 December 1999, for duty as a supply specialist with the 44th Engineer Battalion. She was awarded the ARCOM on 27 November 2000 for meritorious service during the period of 22 December 1999 to 14 December 2000. She completed her tour in Korea on 14 December 2000 and was transferred to Fort Bragg, North Carolina for assignment to the 519th Military Intelligence Battalion.
5. On 13 November 2001, she was awarded the ARCOM for meritorious service during the period of 22 June 1999 to 21 June 2002.
6. On 21 January 2002, the applicant was honorably released from active duty (REFRAD) due to completion of required service. She had served 2 years and 7 months of total active service and her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Army Service Ribbon, the Overseas Service Ribbon and her marksmanship badge. It also reflects that she served 1 year of foreign service.
7. A review of her OMPF fails to show any indication that the applicant was deployed to Bosnia or any foreign country other than Korea.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was awarded two awards of the ARCOM. Accordingly, it would be in the interest of justice to correct her records to show that she was awarded the ARCOM 1OLC.
2. However, the applicant has failed to show through the evidence submitted with her application or the evidence of record that she deployed to Bosnia. Therefore, lacking evidence to establish the dates of her deployment, there appears to be no basis to correct her records to show service in Bosnia at this time.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 January 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 20 January 2005. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___XX__ __X ___ _X ___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that she was awarded the ARCOM 1OLC.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing foreign service in Bosnia.
____ XX______
CHAIRPERSON
INDEX
CASE ID
AR20060009944
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(PARTIAL GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.0000
189/CORR 214
2.107.0000
46/DE
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4.
5.
6.
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