DOCKET NUMBER:  AR20090006095 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service with the Multinational Force and Observers (MFO).

2.  The applicant states that he completed 6 months of MFO service between late 1982 and early 1983 and needs his foreign service reflected on his DD Form 214 in order to join the Veterans of Foreign Wars (VFW).

3.  The applicant did not provide any additional documentary evidence in support of his request.  

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 16 September 1980.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 35E (Special Electronic Devices Repairer).  He was assigned to the 647th Maintenance Company, Fort Hood, TX, and attained the rank/grade of specialist four (SP4)/E-4.

3.  On 9 July 1982, Headquarters, III Corps, Fort Hood, TX, published a DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel) authorizing a group travel of selected individuals to proceed on or about 26 July 1982 from Fort Hood, to Fort Bragg, NC, to support MFO-Sinai.  Item 16 (Remarks) of this form shows the entry "SM [service member] will be attached to HHC [Headquarters and Headquarters Company], 1st Corps Support Command (Forward) for deployment to the Sinai.  Upon return to CONUS [Continental United states], SM is authorized to obtain return ticket to duty station."

4.  On 20 July 1982, Headquarters, 13th Corps Support Command, Fort Hood, published Orders 137-82, directing the applicant’s attachment to HHC, 1st Corps Support Command, Fort Bragg, from 26 July 1982 through 3 March 1983, for the purpose of staffing a logistical support unit for the MFO.

5.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show completion of any foreign service.

6.  The applicant’s records show he was honorably released from active duty on 15 September 1983 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. 

7.  Item 12f (Foreign Service) of the applicant’s DD Form 214 does not show completion of any foreign service.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   



9.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his foreign service should be shown on his DD Form 214.  

2.  The evidence of record shows that the applicant was authorized to proceed on or about 26 July 1982 from Fort Hood to Fort Bragg to support MFO-Sinai and was subsequently attached to HHC, 1st Corps Support Command (Forward), Fort Bragg, from 26 July 1982 through 3 March 1983, for the purpose of staffing a logistical support unit for the MFO.  

3.  There does not appear to be sufficient documentary evidence that shows the applicant actually completed this period of foreign service.  In the absence of a completed travel voucher, certificate of achievement/service, award, Leave and Earning Statements, or any other corroborating documentary evidence that shows he completed this period of foreign service, there is insufficient evidence to grant the applicant's requested relief in this case.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to grant him the requested relief.

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)                                         AR20090006095



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ABCMR Record of Proceedings (cont)                                         AR20090006095



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