IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080009897
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.
2. The applicant states, in effect, that his DD Form 214 does not reflect his one month of foreign service in Uzbekistan from 7 October to 11 November 2001. He also states that when he was discharged, he brought it to the attention of the clerk, but it was not corrected.
3. In support of his application, the applicant provides copies of his temporary change of station orders and personnel manifest, his NATO (North Atlantic Treaty Organization) Travel Orders, and his DD Form 214.
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. The applicant's military records show he enlisted in the Regular Army on 31 October 1996.
3. The applicant submitted a copy of temporary change of station orders and personnel manifest, dated 20 September 2001, showing he was temporarily reassigned to Fort Drum, New York, for 179 days with the possibility for extension to 364 days. The orders do not show he was or would be stationed in Uzbekistan.
4. The applicant also submitted a copy of his NATO Travel Orders, showing he traveled from Uzbekistan to Charleston, Air Force Base, USA, via Incerlik, Turkey, from 10 November to 10 December 2001.
5. The applicant was honorably discharged from active duty, in pay grade E-5, on 26 February 2002.
6. The DD Form 214 issued to the applicant shows zero credit of service time in Item 12f (Foreign Service) and no entry in Item 18 (Remarks) to show he was deployed overseas.
7. On 5 September 2008, a staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified that the applicant served in Uzbekistan from 7 October to 10 November 2001.
8. Army Regulation 635-5, prescribes the policies and procedures regarding separation documents. The regulation specifies that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from foreign service completed, for the period covered by the DD Form 214, will be shown. Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f. The regulation also states that the amount of foreign service will be taken from the Soldiers Enlisted Qualification Record or, if necessary, verified from the Soldiers Military Personnel Records Jacket. Additionally, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (Inclusive dates for example, YYYYMMDD-YYYYMMDD) will be entered in Item 18 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served in Uzbekistan from 7 October to 10 November 2001. Based on the applicant's service in Uzbekistan from 7 October to 10 November 2001, a period of 1 month and 4 days, he is entitled to
correction to his DD Form 214, Item 12.f. to show 1 month and 4 days. Correction to Item 12.f. does not require any adjustment to the other blocks in Item 12 (Statement of Service). The applicant is further entitled to correction to Item 18 of his DD Form 214 to show SERVICE IN UZBEKISTAN FROM 20011007 20011110.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the current entry in Item 12.f. (Record of Service Foreign Service) of the applicants DD Form 214;
b. adding in Item 12.f. of the applicants DD Form 214 the entry 0000 01 04;
c. adding in Item 18 (Remarks) of the applicants DD Form 214 the entry SERVICE IN UZBEKISTAN FROM 20011007 - 20011110; and
d. providing the applicant a corrected separation document that includes these corrections.
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 his foreign service in Uzbekistan from 7 October to 11 November 2001.
_________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009897
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080009897
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