IN THE CASE OF:	

		BOARD DATE:	  2 December 2008

		DOCKET NUMBER:  AR20080014298 


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, in effect, correction of his separation document to show he served in support of Operation Able Sentry III.

2.  The applicant states he was assigned to the 3rd Battalion, 5th Cavalry Regiment from August 1993 to October 1996 and served with the unit in the Republic of Macedonia under the United Nations Command from November 1994 to June 1995 in support of Operation Able Sentry III.  The applicant also states he wishes to receive benefits and join the Veterans of Foreign Wars (VFW); however, this service was omitted from his discharge document.

3.  The applicant provides an undated, self-authored statement. 

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 military service records show that he enlisted in the U.S. Army Reserve on 14 May 1987 and entered active duty in the Regular Army (RA) for a period of 4 years on 11 August 1987.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  On 10 August 1991, he was honorably released from active duty under the provisions of Army Regulation 635-200, Chapter 4, based on expiration term of service (ETS).  At the time, he was credited with completing
4 years, 0 months, and 0 days net active service this period.  The applicant was transferred to the U.S. Army Reserve Control Group (Reinforcement), Army Reserve Personnel Center, St. Louis, Missouri, with a Reserve obligation terminal date of 13 May 1995.

3.  The applicant's military service records show he enlisted in the Army National Guard of the United States, California Army National Guard, and as a Reserve of the Army on 23 April 1993 and was honorably discharged on 9 June 1993 under the provisions of National Guard Regulation 600-200, paragraph 8-26b, for the purpose of enlisting in a component of the Armed Forces.  At the time, he was credited with completing 0 years, 1 month, and 17 days net service this period.

4.  The applicant's military service records show that he enlisted in the RA for a period of 3 years on 10 June 1993.  On 7 June 1996, he extended his 3-year enlistment to a period of 3 years and 3 months pending a Medical Evaluation Board and established his ETS date as 9 September 1996.

5.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Oversea Service), in pertinent part, shows he served overseas in U.S. Army Europe in Germany from 24 August 1993 through 23 August 1996.  Item 35 (Record of Assignments), in pertinent part, shows he was assigned to Company B, 3rd Battalion, 5th Cavalry (Germany) on 26 August 1993; however, there are no subsequent assignment entries in Item 35.

6.  The applicant's military service records contain a copy of a DFAS Form 702 (Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES)), for the period 1 - 30 April 1996.  This document shows that Hostile Fire Pay (HFP) was stopped on 31 October 1995 and HFP (Combat Zone) was started, effective 1 April 1996.

7.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Personnel Command, TAPD-PDB, Alexandria, Virginia, message, date-time-group 271203Z August 1996, subject:  Enlisted Disability Separation, and Headquarters, U.S. Army Personnel Command, TAPD-PDB, Alexandria, Virginia, message, date-time-group 291403Z August 1996, subject:  Enlisted Disability Separation/Correction.  These documents show the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), on 22 October 1996, based on disability separation with a disability rating of 10 percent.  These documents also show the applicant’s disability did not result from a combat-related injury.

8.  The applicant's military service records are absent a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service from 10 June 1993 to 22 October 1996.

9.  The applicant's military service records are absent any documentation or evidence that he deployed overseas in support of Operation Able Sentry III.

10.  In connection with the processing of this case, coordination was made with the DFAS, Military Pay Operations - Indianapolis, Indianapolis, Indiana.  This coordination revealed DFAS records show that the applicant received imminent danger pay for service in Macedonia from 1 November 1994 to 30 April 1996.

11.  In connection with the processing of this case, on 2 occasions, an electronic mail (email) message was sent to the applicant at the email addresses in the Total Army Personnel Database (TAPDB) requesting additional information to support his request.  To date, a response has not been provided.

12.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that Hostile Fire Pay (HFP)/Imminent Danger Pay (IDP) is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

14.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  Item 18 (Remarks), in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement:  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show that he served in support of Operation Able Sentry III in the Republic of Macedonia from November 1994 to June 1995.

2.  The applicant's military service records are absent assignment orders or any other evidence showing he deployed to Macedonia during the period November 1994 to June 1995.

3.  Information provided by the DFAS indicates that the applicant was authorized HFP/IDP for service in Macedonia during the period 1 November 1994 to 30 April 1996 (emphasis added).  However, this information does not correspond with the dates of service that the applicant contends he served in Macedonia (i.e., from November 1994 to June 1995 (emphasis added)).  In addition, the applicant has failed to respond to requests for additional documentation (i.e., deployment/ redeployment orders, LESs, etc.) in support of his application.  Moreover, the applicant's records are absent a copy of his DD Form 214 for the period of service under review and the applicant also failed to provide a copy of his DD Form 214 in support of his application, or in response to two requests for the document.  Therefore, in view of all of the foregoing, there is insufficient evidence to support correction of the applicant's records in this case.

4.  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 this requirement.



5.  If the applicant has additional supporting documentation (e.g., DD Form 214, assignment/deployment orders, LES, etc.), he may request reconsideration of his request by submitting the documentation to this Board within 1 year of the date of this action.

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)                                         AR20080014298



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ABCMR Record of Proceedings (cont)                                         AR20080014298



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