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ARMY | BCMR | CY2007 | 20070009339
Original file (20070009339.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070009339 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Mr. Dean Camarella

Member

Mr. Rodney E. Barber

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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show foreign service in Panama and Honduras.

2.  The applicant states, in effect, that she was sent to Central America for six months; three months in Panama and three months in Honduras.  She further states that her DD Form 214 does not show her foreign service. 

3.  The applicant provides a DD Form 214 with the ending period 17 February 1987; an Armed Forces of the United States Identification Card, issued 
17 February 1987; a U.S. Armed Forces Identification Card, issued 6 March 1986; and a U.S. Department of Health and Human Services, International Certificate of Vaccination.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 14 March 1984 and successfully completed basic training and advanced individual training.  She was awarded military occupational specialty 72G (Automated Data Telecommunications Center Operator).

3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) does not show overseas service.  

4.  The applicant was honorably released from active duty on 17 February 1987.  Item 12f (Foreign Service) shows the entry "00 00 00."  

5.  There are no orders in the applicant's records that show she served in Panama or Honduras (i.e., deployment and/or temporary duty (TDY)).
6.  The applicant provides an U.S. Armed Forces Identification Card, issued 
6 March 1986, that shows it was issued to her at Fort Clayton, Panama and expired on 12 December 1986. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized preparation of the DD Form 214.  For item 12f (Foreign Service) it states enter the total amount of foreign service completed during the period covered in block 12c.

DISCUSSION AND CONCLUSIONS:

The applicant provided a U.S. Armed Forces Identification Card that shows it was issued to her at Fort Clayton, Panama.  However, the U.S. Armed Forces Identification Card is not enough proof to show how long she served in Central America and there is no evidence in her records that show she served in Honduras during her term of service.  Therefore, there is insufficient evidence to change item 12f of her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__AMC__  __DC ___  __REB__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




___ Ms. Ann M. Campbell __
          CHAIRPERSON



INDEX

CASE ID
AR20070009339
SUFFIX

RECON

DATE BOARDED
3 JANUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
120.0000.0000
2.

3.

4.

5.

6.


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