RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070017884
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that he participated in Operation Bright Star.
2. The applicant states that in October 1997 he served in Operation Bright Star in Egypt for a 45 day period.
3. The applicant provides a copy of his DD Form 214 and an extract from a medical record (Standard Form 600).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 17 August 1995, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11M (Crewman, Infantry Fighting Vehicle).
3. Standard Form 600 [reverse side only] dated September 1997, provided by the applicant, shows that the Chief, Preventive Medicine, identified a plan of action, prescribed medication, directed follow-up medical treatment while at Operation Bright Star in Egypt, and that he return if he exhibited signs of active tuberculosis. This form does not identify the individual receiving the medical treatment. The applicant's service medical records are not available for review.
4. On 16 August 1998, 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 E-4, and had completed 3 years of creditable service.
5. Item 12 (Record of Service) of the applicant's DD Form 214 shows that he served overseas for 2 months and 2 days. Item 18 (Remarks) of this same form shows that he served in Kuwait from 21 February to 22 April 1998. there is no evidence showing that he participated in Operation Bright Star in 1997.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the entry of foreign service in Item 12f (Foreign Service) and for the name of the country where the service was performed, with the dates of such service to be entered in Item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The medical evidence provided by the applicant does not show him to be the individual receiving treatment. Furthermore, the reference in this document to Operation Bright Star does not include dates or other information that could be related to the applicant.
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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___PHM _ ___KSJ_ ___JGH__ 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.
__ PHM --.__
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017884
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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