IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090015835
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 deployment to Macedonia and Kosovo. He also requests that his name and rank be changed on this form.
2. The applicant provides no explanation or comments in support of his request.
3. The applicant provides a copy of Headquarters, 5th Signal Command, Orders 081-8, dated 22 March 1999.
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 on 14 May 1997. He served 3 years, 1 month, and 16 days on active duty and was honorably released on 29 June 2000.
3. The applicant's name on his DD Form 214 is the same name listed on his enlistment documents and on his application to the Board. The applicant did not provide a copy of his birth certificate.
4. The applicant's DD Form 214 shows his rank/pay grade as specialist/E-4 with his date of rank listed as 1 January 1999. Item 12f (Foreign Service) shows he served 1 year, 10 months, and 17 days of foreign service.
5. Orders 081-08, dated 22 March 1999, show the applicant was scheduled to proceed on temporary duty to the United Nations Former Yugoslav Republic of Macedonia in support of Task Force Able Sentry. His proceed date was listed as 13 April 1999.
6. Headquarters, U.S. Army Europe, Orders 108-07, dated 17 April 2000, contained in the applicant's official military personnel file (OMPF) list his name and rank as the same name and rank shown on his DD Form 214. His preseparation counseling checklist also shows he signed his name as the same as listed on his separation document. Additionally, this form shows his grade as E-4.
7. Information provided by the Defense Finance and Accounting Service (DFAS) verified the applicant served in Kosovo from April 1999 to October 1999 and the exact dates of his service in Macedonia are listed from 6 May 1999 to 21 September 1999.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4 requires the preparer to enter the active duty grade or rank and pay grade at the time of separation from the Enlisted Record Brief in item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) and date of pay grade in item 12h (Effective Date of Pay Grade).
9. Paragraph 2-4 of the same regulation also requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f. Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks): "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS verified the applicant was deployed in Kosovo from April 1999 to October 1999 and in Macedonia from 6 May 1999 to 21 September 1999. Since the exact dates of his deployment in Kosovo are unknown, in the interest of justice his records will be corrected to show deployment in Kosovo/Macedonia from April 1999 to October 1999 in item 18 of his DD Form 214.
2. The applicant maintains that his name and rank are incorrect on his DD Form 214. However, he did not explain the error or provide any documentation to substantiate his claim. Nevertheless, documents contained in his OMPF, including his enlistment contract, separation orders, and preseparation counseling checklist, all contain the same name as the name listed on his DD Form 214. Additionally, his rank is the same as listed on his separation orders. Therefore, the name and the rank listed on the applicant's DD Form 214 are correct as constituted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 showing "SERVICE IN KOSOVO/MACEDONIA FROM 199904-199910" in item 18 of his 29 June 2000 DD Form 214.
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 changing his name and rank.
__________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) AR20090015835
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