RECORD OF PROCEEDINGS
IN THE CASE OF: .
BOARD DATE: 24 May 2007
DOCKET NUMBER: AR20060017604
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. Ronald J. Weaver
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his overseas deployment.
2. The applicant states, in effect, that his DD Form 214 shows his overseas deployment from 20 January 2003 to 1 June 2004 which is about 132 days. He contends that he was deployed for 218 days.
3. The applicant provides a copy of a memorandum, dated 2 October 2003, showing he was away from his home for 218 days.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 28 November 2003, the date of his release from active duty. The application submitted in this case is dated 6 December 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. On 5 July 2001, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 55B1O (Ammunition Specialist)
4. On 28 November 2003, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E4, and had completed 2 years, 4 months and 24 days of creditable active duty.
5. Item 12f (Foreign Service) of the applicants DD Form 214 shows he completed 4 months and 12 days of overseas duty. Item 18 (Remarks) of this same form shows that he served in Afghanistan from 20 January 2003 to 1 June 2003, a period of 4 months and 4 days.
6. On 2 October 2003, the Personnel Sergeant, 3rd Battalion, 229th Aviation Regiment, Fort Bragg, North Carolina, provided the applicant a memorandum stating that he had "acquired 218 days during this PERSTEMPO [Personnel Tempo Policy] event." This information was provided for out-processing purposes only.
7. The fiscal year 2000 National Defense Authorization Act required all services to start tracking individual deployments with the start of fiscal year 2001. The intent of the personnel tempo policy (PERSTEMPO) is to force commanders to better manage Soldiers time away from home. PERSTEMPO measures the time a member is deployed. A Service member is considered deployed when that member is on orders and is performing duties in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the member to spend off-duty time in the housing at the members permanent duty station or home port.
DISCUSSION AND CONCLUSIONS:
1. The PERSTEMPO memorandum provided by the applicant indicates that he was away from his home for 218 days during a particular PERSTEMPO event. However, it does not provide specific information as to what event or to where he was temporarily assigned.
2. The available evidence does not provide sufficient information on which to determine the accuracy of the applicants DD Form 214 regarding his foreign service.
3. In view of the above, the applicants request should not be granted.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 November 2003; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
27 November 2006. 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
__JCR __ ___DWT _ __RJW__ 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.
__Jeffrey C. Redmann____
CHAIRPERSON
INDEX
CASE ID
AR20060017604
SUFFIX
RECON
DATE BOARDED
20070524
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
120.0000
2.
3.
4.
5.
6.
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