IN THE CASE OF:	  

		BOARD DATE: 	        30 June 2009

		DOCKET NUMBER:  AR20090001979 


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.  He also requests, in effect, issuance of a NGB Form 22.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his foreign service in Germany in support of Operation Enduring Freedom for 7 months.  He also states that his DD Form 214 only shows he was deployed to Fort Polk, Louisiana.  He further states that he never received a NGB Form 22 from the Illinois Army National Guard (ILARNG) when he reached his expiration of term of service (ETS) date.  He does not know why this happened or what caused it.  All he knows is that he did not get the paperwork that he should have received at his ETS.   

3.  In support of his application, the applicant provides a copy of his DD Form 214 dated 30 July 2005.

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’s military records show that he enlisted in the ILARNG, in pay grade E-1, on 3 March 2000.  He was ordered to active duty in support of Operation Enduring Freedom and entered on active duty on 4 January 2002.

3.  The applicant was honorably released from active duty on 27 August 2002 and was transferred to an ILARNG unit.  He was issued a DD Form 214 that shows in Item 12.f. (Foreign Service) a credit of 6 months and 6 days foreign service.  Item 18 (Remarks) shows he served in Germany from 23 January 2002 to 28 July 2002, a period of 6 months and 6 days.

4.  The applicant was again ordered to active duty in support of Operation Enduring Freedom and entered on active duty on 6 July 2004.

5.  The applicant was honorably released from active duty at the completion of his required active service, in pay grade E-4, on 30 July 2005, and was transferred to an ILARNG unit.  

6.  The applicant was issued a DD Form 214 that shows in Item 12.f. no foreign service credit and there is no entry in Item 18 (Remarks) to show he was deployed to Germany.  

5.  The applicant's records located on the Integrated Personnel Electronic Records Management System (IPERMS) contain a NGB Form 22 showing he was honorably separated from the ILARNG, in pay grade E-4, on 2 March 2006, at his ETS.  The NGB Form 22 stated it was forwarded at that time to his last known address, Wauconda, Illinois.

6.  On 24 February 2009, a staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified that the applicant had no overseas service during his active duty service from 6 July 2004 to 30 July 2005.

7.  Army Regulation 635-5, in effect at the time, prescribed the policies and procedures regarding separation documents.  The regulation specified that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty.  Foreign Service completed, for the period covered by the DD Form 214, will be entered in item 12.f.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show he served in Germany for 7 months has been noted.  However, the evidence of record shows that during his first period of active duty from 1 January 2002 to 27 August 2002 he served in Germany for a period of 6 months and 6 days.  He was issued a DD Form 214 at his release from active duty on 27 August 2002.  This DD Form 214 was annotated to properly show his foreign service credit in Items 12.f. and 18.  

2.  The applicant submitted a copy of his DD Form 214, dated 30 July 2005, with his request for correction to his DD Form 214 to show he served in Germany.  However, the applicant did serve in Germany, but not during his last period of active duty from 6 July 2004 to 30 July 2005.  There is no evidence in his active duty records and he has failed to provide compelling evidence to show he served in Germany during the period covered by this DD Form 214.  Therefore, no basis has been established to show this foreign service on his DD Form 214 dated 30 July 2005.

3.  The evidence shows a NGB Form 22, dated 2 March 2006, was issued to the applicant at his separation from the ILARNG and mailed to his last known address at the time.  A copy of this NGB Form 22 was located on the IPERMS and will be provided to the applicant with this Record of Proceedings.

4.  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.  

5.  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)                                         AR20090001979





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001979



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1