IN THE CASE OF:
BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20090019366
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 to his discharge document to show his deployment to Colombia.
2. The applicant states he deployed numerous times in support of the war on drugs during his active duty enlistment period. He deployed under hostile fire and imminent danger conditions stating he specifically deployed to Colombia between May and August of 1996.
3. The applicant provides a memorandum, dated 21 June 1996, showing hostile fire pay certification; two certificates of appreciation; and a copy of his driver's license.
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 applicant enlisted in the Regular Army on 1 May 1992. He completed his initial entry training and was awarded military occupational specialty 31C (Single Channel Radio Operator). He reenlisted once on 31 March 1994 for a 3-year period.
3. On 15 November 1996, the applicant was honorably released from active duty and transferred to the Army National Guard of the State of California. The
DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he completed 4 years, 6 months, and 15 days of net active service.
4. Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 does not show any foreign service credit. Item 18 (Remarks) does not contain an entry to show the location or the duration of a foreign service tour.
5. The Defense Finance and Accounting System (DFAS) maintains financial records of all Soldiers pay and allowances during their periods of service. The DFAS computerized system does not show the applicant received hostile fire pay in an imminent danger pay zone during his enlistment periods.
6. In support of his application, the applicant provided a memorandum, dated 21 June 1996, certifying that he was entitled to imminent danger pay for serving in a hostile fire zone from 24 April 1996 to 22 June 1996. Additionally, he provided two certificates of appreciation showing he provided support to the 12th Air Force counternarcotics mission and a Fort Bragg joint exercise Cabana 93-III.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f. In item 18 for active duty Soldiers deployed to a foreign country with their unit during their continuous period of active service to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
Even though the applicant provided a memorandum showing he served in an imminent danger pay area, his DFAS pay records do not confirm he received hostile fire pay in an imminent danger pay area. Therefore, based on a lack of sufficient evidence, there is no justification to correct the applicant's record to show a foreign service tour in the country of Colombia.
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) AR20090019366
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