IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005141
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 his deployment to Hungary in 1996.
2. The applicant states he was deployed to Taszar, Hungary, from April to October 1996 in support of Operation Joint Endeavor while assigned to the 115th Postal Company based in Heidelberg, Germany.
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army on 4 June 1991. He completed his initial training and was awarded military occupational specialty 71L (Administrative Specialist).
3. The applicant's available records contain an Army Achievement Medal Certificate showing he was awarded the Army Achievement Medal for meritorious service as a postal finance clerk from 20 April to 15 October 1996 in support of Operation Joint Endeavor by Headquarters, 1st Personnel Command, Permanent Order 278-2, dated 4 October 1996.
4. Defense Finance and Accounting Service records show the applicant served overseas from 20 April to 12 October 1996.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his deployment to Taszar, Hungary, in support of Operation Joint Endeavor.
2. The evidence clearly shows the applicant was deployed in support of Operation Joint Endeavor from 20 April to 15 October 1996. His statement that this service was performed in Hungry is accepted. Therefore, item 18 of his DD Form 214 should be corrected to reflect his deployed service.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the entry, "SERVICE IN HUNGARY FROM 19960420-19961015" to item 18 of his DD Form 214.
_____________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) AR20120005141
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ABCMR Record of Proceedings (cont) AR20120005141
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