IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090019417
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 all of the awards that he is authorized for his service in Africa.
2. The applicant states he has nothing to show he served in Africa from 1990 to 1991, no medals or anything to represent the time that he served. He also states he was at the Mamba Station in Liberia and rescued 1,600 people.
3. The applicant provides no additional documentation 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 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's military records show he served in the U.S. Army Reserve (USAR) from 25 January 1989 to 14 May 1995. His records do not show he served in Africa from 1990 to 1991 during his period of service in the USAR.
3. He was enlisted in the Regular Army in pay grade E-4 on 15 May 1995, for 3 years. He completed training and he was awarded military occupational specialty 77F, Petroleum Supply Specialist.
4. He served in Korea from 7 March 1997 until he departed absent without leave (AWOL) on to 1 December 1998. He was dropped from the rolls on
31 December 1998 and returned to military control on 9 April 1999.
5. On 14 April 1999, he was charged with one specification of being AWOL from 1 December 1998 to 9 April 1999. After consulting with counsel, he voluntarily requested discharge under the provisions of chapter 10, Army Regulation
635-200 (Personnel Separations), for the good of the service. Accordingly, on
12 July 2000, he was issued a general discharge under honorable conditions.
6. The applicant's records do not show he served in Africa during his period of military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he served in Africa from 1990 to 1991 is acknowledged; however, there is no evidence in his military personnel records and he has failed to provide compelling evidence to show he actually served in Africa during his periods of service in the USAR and Regular Army. Therefore, no basis has been established for granting his requests.
2. 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.
3. 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) AR20090019417
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ABCMR Record of Proceedings (cont) AR20090019417
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