BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019439
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 his deployment to Haiti be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
6 November 1995.
2. The applicant states he deployed to Haiti in 1994. He states he has no record of his time spent in the U.S. Army Reserve (USAR) from 1989 to 1993 and from 1995 to 1997.
3. The applicant provides his DD Form 214.
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. He enlisted in the U.S. Army Reserve (USAR) on 31 August 1989 for 8 years. He served a period of active duty for training during the period 27 June to 31 October 1990.
3. He enlisted in the Regular Army on 19 January 1993. He completed basic combat and advanced individual training and was awarded military occupational specialty 92A (Automated Logistics Specialist).
4. Headquarters, 530th Supply and Service Battalion (Airborne), Fort Bragg, NC listed Soldiers to be awarded the Armed Forces Expeditionary Medal for Operation Uphold Democracy - Haiti. His name is among those listed.
5. Email from the Defense Finance and Accounting Service (DFAS) verifies he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 1 September 1994 through 22 October 1994 for Haiti.
6. On 6 November 1995, he was released from active duty and transferred to a unit in the USAR. On 22 October 1994, he was discharged from the USAR.
7. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
Based on his service in Haiti, it is appropriate to include an entry in item 18 of his DD Form 214 to show his service by adding: Service in Haiti: 19940901 - 19941022.
BOARD VOTE:
___x____ ___x____ __x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to include the entry: Service in Haiti: 19940901 - 19941022.
_______ _ 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) AR20110019439
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ABCMR Record of Proceedings (cont) AR20110019439
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