IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120004308
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 foreign service.
2. The applicant states the foreign service section of his DD Form 214 is blank. He contends that he was deployed to Kuwait in 1991 in support of the war and that he was also deployed to Hungary in 1995 in support of the Bosnia-Herzegovina conflict.
3. The applicant provides a copy of 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. The applicant enlisted in the Regular Army on 11 August 1982.
3. His Enlisted Record Brief and DA Form 2-1 (Personnel Qualification Record) are not available for review.
4. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. This data base shows he served in Southwest Asia (SWA) from 1 August to 31 October 1991 (3 months).
5. There is no evidence in his Official Military Personnel File (OMPF) showing he deployed to Hungary or Bosnia-Herzegovina and records at the Defense Finance and Accounting Service (DFAS) do not show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia-Herzegovina.
6. On 31 August 2002, he was retired and transferred to the retired list. Block
12f (Foreign Service) of his DD Form 214 does not show any foreign service. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows, among other awards, the Overseas Service Ribbon with Numeral 3 (denoting 3 overseas tours). Block18 (Remarks) does not show any deployment dates.
7. The dates of his overseas tours are not available.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214 and states:
a. that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f; and
b. that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The information contained in the DMDC, which is an official data base used to verify service in SWA during the time frame he served there confirms he served in SWA from 1 August to 31 October 1991 (3 months). This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA. This foreign service should also be added to block 12f of his DD Form 214.
2. However, there is no evidence in his OMPF and he has provided none that shows he was deployed to Hungary or Bosnia-Herzegovina. Therefore, there is insufficient evidence to further correct block 12f and block 18 of is DD Form 214 to reflect additional deployments and/or foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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:
a. deleting the entry in block 12f of his DD Form 214 and adding
"0000 03 00" (3 months); and
b. adding to block 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910801 - 19911031.
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 correcting his DD Form 214 to show additional deployments and/or foreign service.
__________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) AR20120004308
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