RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20060017338 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Official Military Personnel File (OMPF) to show that he served in Vietnam, Laos, and Cambodia.

2.  The applicant states, in effect, that he was assigned to the U.S. Army Central Identification Laboratory, Hawaii (USA CILHI), from 1 September 1994 to
31 August 1998, and performed search and recovery operations in Vietnam, Laos, and Cambodia for the remains of Soldiers listed as missing in action.  The applicant also states, in effect, that he was a Senior Team Sergeant of B Team and recovered many parts of remains that were sent back to USA CILHI for identification.

3.  The applicant provides a self-authored statement, dated 4 December 2006; DD Form 214, with an effective date of 31 August 1998; DA Form 2-1 (Personnel Qualification Record); and 5 DA Forms 2166-7 (NCO Evaluation Reports).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 August 1998, the date he retired from active duty in the Regular Army (RA).  The application submitted in this case is dated 22 November 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 applicant's military service records show that he enlisted in the RA for a period of 3 years on 20 August 1976.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  In January 1986, the applicant reclassified into MOS 57F (Graves Registration Specialist).  The applicant served in support of Operation Continue Hope and provided Mortuary Affairs support to United Nations Forces in Mogadishu, Somalia.  The applicant's MOS was subsequently redesignated MOS 92M (Mortuary Affairs Specialist).  The applicant served continuously on active duty in the RA, attaining the rank of sergeant first class/pay grade E-7, and retired from active duty on 31 August 1998 after completing 22 years and 11 days active service.

4.  The applicant's military service records contain a DD Form 214, with an effective date of 31 August 1998.  Item 12 (Record of Service), block f (Foreign Service), shows that he completed 10 years, 2 months, and 29 days foreign service and Item 18 (Remarks) contains, in pertinent part, the entry "//SERVICE IN SOMALIA 19930829-19931217//."

5.  The applicant's records contain a DA Form 2-1 (Personnel Qualification Record (PQR)).  Item 5 (Oversea Service) of this document shows that he served in Germany from 29 December 1981 to 21 November 1983 and from 11 January 1986 to 6 March 1990; Somalia from 29 August 1993 to 17 December 1993; and Hawaii from 1 September 1994 to 20 July 1998.  Item 38 (Record of Assignments) shows, in pertinent part, that he was assigned to the USA CILHI, Hickam Air Force Base, Hawaii, from 1 September 1994 through 20 July 1998.

6.  The applicant's OMPF contains 5 DA Forms 2166-7 (Noncommissioned Officer Evaluation Reports (NCO-ER)) covering the period of his assignment to CILHI (i.e., from August 1994 through July 1998) that document the applicant's duties, responsibilities, performance, and potential.  These 5 NCO-ER show, in pertinent part, that the applicant served in 3 distinct duty positions while assigned to USA CILHI and that he participated in numerous missions in support of search and recovery operations in Southeast Asia/Indochina, which included deployments to Vietnam and Laos.

7.  In support of his application, the applicant provides his DD Form 214,
DA Form 2-1, and 5 DA Forms 2166-7.  These documents are filed in the applicant's military service records and relevant information pertaining to the applicant's request was considered in the preceding paragraphs.

8.  Army Regulation 600-8-104, (Military Personnel Information Management/ Records), in effect at the time, prescribed the policies and operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Chapter 2 (OMPF), in pertinent part, lists documents that are authorized for filing in the OMPF.  Table 2-1 (Composition of the OMPF) shows, in pertinent part, that the DA Form 2166-7 (NCO-ER) will be filed in the performance section of the OMPF.  

9.  Chapter 5 (Enlisted MILPER Information Management/Records - PQR) of Army Regulation 600-8-104 states, in pertinent part, the DA Form 2-1 provides a formal and permanent record of personnel management qualifications.  Table
5-2 (Instructions for Recording Entries on DA Form 2-1) lists the title, description, and instructions for entries on the DA Form 2-1.  The instructions for Item 5 (Oversea Service) state, in pertinent part, tour credit recorded for cumulative periods of temporary duty (TDY) will be credited for the area and country in which the most service was performed.  The custodian of the DA Form 2-1 will maintain separate records showing periods of TDY in overseas areas and service performed by Soldiers regularly assigned to oversea duty on board ocean-going vessels, when duty is not continuous.  The instructions for Item
35 (Record of Assignments) provide, in pertinent part, that separate line entries will be made upon assignment after reporting to a new unit, if assigned more than 2 days, or if there is a change in duty assignment.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time the applicant retired from active duty, prescribed policies and procedures regarding separation documents.  Table 2-1 (DD Form 214 Preparation Instructions) of this document states, in pertinent part, for Item 12, block f, enter the total amount of foreign service completed during the period covered in block c.  For enlisted Soldiers, obtain the foreign service listed in Item 5 of the DA Form 2-1 to compute this entry.  The instructions for completing Item 18 (Remarks) provide, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service enter, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 and OMPF should be corrected to show that he served in Vietnam, Laos, and Cambodia because he performed search and recovery operations in those countries while assigned to USA CILHI.  However, he provides insufficient evidence in support of his claim.

2.  The evidence of record shows that Item 35 of the applicant's DA Form 2-1 (PQR) properly reflects his assignment to the USA CILHI from 1 September 1994 through 20 July 1998.  The evidence of record also shows that the applicant's
DA Forms 2166-7 (NCO-ER) are filed in his OMPF and document that he deployed on search and recovery operations to Indochina while assigned to USA CILHI.  

3.  The evidence of record shows that Item 5 of the applicant's DA Form 2-1 shows the authorized overseas service tours he completed during his active duty service.  In addition, analysis of these periods of overseas service shows that the amount of time the applicant served overseas computes to a total of 10 years,
2 months, and 29 days foreign service.  Thus, Item 12, block f, of the applicant's DD Form 214 correctly shows his total foreign service.  Therefore, the applicant is not entitled to correction of Item 12, block f, of his DD Form 214.

4.  The evidence of record shows that the country and period of deployment of an active duty Soldier deployed with his or her unit during their continuous period of active service will be entered in Item 18 of the DD Form 214.  The evidence of record also shows that Item 18 of the applicant's DD Form 214 documents the applicant's deployment with his unit to Somalia.  There is no evidence of record, and the applicant provides insufficient evidence, that shows USA CILHI deployed as a unit to Indochina.  Thus, the applicant's DD Form 214, Item 18, accurately reflects his unit deployment overseas during his active duty service.  Therefore, the applicant is not entitled to correction of Item 18 of his DD Form 214.

5.  The evidence of record shows that tour credit recorded for cumulative periods of TDY will be credited for the area and country in which the most service was performed and recorded in Item 5 of the DA Form 2-1.  There is no evidence of record that shows the applicant's periods of TDY to Indochina were recorded in Item 5 of the DA Form 2-1.  The applicant's DA Forms 2166-7 provide evidence of his deployments to Indochina and they are properly filed in his OMPF.  However, they provide insufficient evidence to substantiate the specific information (i.e., from date, thru date, area and country, etc.) required in order for a cumulative TDY entry to be made in Item 5 of the DA Form 2-1.  Therefore, the applicant is not entitled to correction of Item 5 of his DA Form 2-1.

6.  The Board notes that, had the applicant's periods of TDY been recorded in Item 5 of his DA Form 2-1, it would not affect the amount of foreign service shown in Item 12, block f, of his DD Form 214 because the entire period of his assignment to USA CILHI (during which the applicant also performed missions in Indochina) was recorded and properly credited as overseas (foreign) service in Item 12, block f, of his DD Form 214.

7.  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.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1998; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 August 2001.  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

___SVW _  ___RTD_  ___DWT_  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.




____  Sherri V. Ward_____
          CHAIRPERSON




INDEX

CASE ID
AR20060017338
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/21
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19980831
DISCHARGE AUTHORITY
AR 635-200, Chapter 12 
DISCHARGE REASON
Sufficient Service for Retirement
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.