IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008705
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 that his 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployment to Haiti.
2. The applicant states he believes the deployment should have been recorded on his discharge document and indicates he was told such by a representative at the Long Beach Veterans Affairs Medical Center.
3. The applicant provides no additional evidence in support of his application.
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. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 12 November 1993. Following completion of training, the applicant was assigned to Fort Polk, Louisiana.
3. According to an entry in item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) the applicant, while assigned to Fort Polk, was deployed to Haiti from 20 October 1995 through 4 March 1996, a period of 4 months and 15 days. Information obtained from the Defense Finance and Accounting Service confirmed the applicant received pay associated with duties in Haiti for that same period. The applicant was awarded the United Nations Medal as a result of his service in Haiti. That decoration is reflected on his DD Form 214.
4. In September 1996 the applicant was reassigned from Fort Polk to Korea where he served from 24 September 1996 through 14 August 1997, a period of 10 months and 21 days. On 14 August 1997 the applicant was processed for separation by the Transition Center located at Camp Casey, Korea, and released from active duty to attend school.
5. Item 12f (Foreign Service) of the applicant's 1997 DD Form 214 reflects a total of 1 year, 3 months, and 6 days of foreign service which includes his 4 months and 15 days in Haiti and his 10 months and 21 days in Korea.
6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's release from active duty, made no special provisions for entering the location of an individual's overseas service or deployment. It was not until the publication of the 2000 version of Army Regulation 635-5 that a statement reflecting the location and period that an active duty Soldier deployed with his or her unit to a foreign country was required to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the evidence does confirm the applicant did deploy to Haiti from Fort Polk, unfortunately, during the period in question the specific location of an individual's deployment was not recorded on the separation document and as such no error or injustice is created by the absence of that information from the applicant's DD Form 214. His award of the United Nations Medal should serve as confirmation of his deployment.
2. The period of his deployment is already appropriately captured in item 12f of his DD Form 214 as part of his total foreign service entry.
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. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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) AR20090008705
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ABCMR Record of Proceedings (cont) AR20090008705
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