IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080018259
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), Item 12f (Foreign Service), to show his foreign service in Bosnia. He also requests, in effect, correction to his DD Form 214 to show his motor vehicle operator's license.
2. The applicant states, in effect, that his DD Form 214 does not reflect his service in Bosnia, his motor vehicle operators license and that he earned them.
3. In support of his application, the applicant provides copies of his US Government Motor Vehicle Operator's Identification Card, his DD From 1351-2 (Travel Voucher or Subvoucher), 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 applicants military records show he enlisted in the Army Delayed Entry Program on 12 February 1999. He enlisted in the Regular Army, in pay grade
E-1, on 25 March 1999. He completed basic training and advanced individual training and was awarded military occupational specialty12B, Combat Engineer.
3. The applicants Personnel Qualification Record Part II and his records do not show he served in Bosnia during his period of service. Item 5 (Overseas Service), of his Personnel Qualification Record, does not show he served overseas in Bosnia on either a permanent change of duty station or on a temporary duty basis. His records also do not contain deployment orders for Bosnia.
4. The applicant provides a copy of his US Government Motor Vehicle Operator's Identification Card showing he was found qualified to operate US Government vehicles and/or specified equipment and issued a license on 11 June 1999 with an expiration date of 11 September 1999.
5. The applicant also provides a copy of his DD Form 1351-2, dated 25 November 1999, showing he departed Fort Riley, Kansas, on 30 August and arrived at Camp Demi, Bosnia, on 31 August 1999. There are no other entries of departures and arrivals on the form.
6. The applicant was discharged from active duty, in pay grade E-1, on 18 June 2001, under the provisions of Army Regulation 635-200, for misconduct. The DD Form 214 issued to him shows no foreign service in Item 12f and there is no entry in Item 18 (Remarks) to show he was deployed to Bosnia.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), 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. There are no provisions in the regulation for showing issuance of a US Government Motor Vehicle Operator's Identification Card (license) on the individual's DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served in Bosnia is acknowledged; however, there is no evidence in his active duty records and he has failed to provide compelling evidence to show he actually served in Bosnia. Therefore, no basis has been established to show this foreign service on his DD Form 214.
2. Based on this evidence and in accordance with regulatory guidance there also appears to be no basis for correction of his DD Form 214 to show his US Government Motor Vehicle License.
3. 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.
4. 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
___x____ ____x___ ___x____ 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.
_______ _ __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) AR20080018259
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ABCMR Record of Proceedings (cont) AR20080018259
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