IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120020132
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 he completed 2 years of active service.
2. The applicant states he needs his DD Form 214 corrected to show he completed 2 years of active service in order to qualify for Department of Veterans Affairs (VA) benefits necessary to treat his post-traumatic stress disorder. He also states he served in Mogidishu, Somalia, for a year in 1992 and he needs the additional active service to qualify for benefits with the VA to treat his disabilities.
3. The applicant provides a self-authored letter explaining his application and email from the VA regarding his eligibility for benefits.
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 17 April 1992 for a period of 4 years and training as a petroleum supply specialist. He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Lee, Virginia, and Fort Leonard Wood before being transferred to Fort Hood, Texas, for his first and only duty assignment.
3. On 28 February 1994, his commander notified him that he was initiating action to discharge him from the service for misconduct under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12b, based on two incidents of spouse abuse (February 1993 and October 1993).
4. After consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
5. On 21 March 1994, the appropriate authority approved the recommendation for discharge and directed the issuance of a General Discharge Certificate.
6. Accordingly, he was discharged under honorable conditions on 25 March 1994 under the provisions of Army Regulation 635-200, paragraph 14-12b, due to misconduct. He completed 1 year, 11 months, and 9 days of active service. He had not completed his first full term of service.
7. A review of the available records failed to show the applicant's deployment to Somalia or any other deployments.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.
2. The applicant was discharged under the provisions of Army Regulation
635-200, chapter 14, and was properly credited with completion of 1 year, 11 months, and 9 days of active service in accordance with the applicable regulations.
3. While the sincerity of his claim that he deployed to Somalia is not in doubt, he failed to show through the evidence submitted and the evidence of record that he was deployed to Somolia.
4. Additionally, the Board does not grant such credit solely for the purpose of qualifying individuals for veterans' benefits.
5. Accordingly, there is no basis to grant the applicant's request for additional service credit that he did not earn.
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 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) AR20120020132
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020132
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004439
Application for correction of military records (with supporting documents provided, if any). The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her deployment to Somalia in support of Operation Restore/Continue Hope. The applicant states that she deployed to Somalia from May to October 1993 in support of Operation Restore/Continue Hope and that deployment is not reflected on her DD Form 214.
ARMY | BCMR | CY2010 | 20100022953
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her deployment to Somalia in support of Operation Continue Hope. Therefore, her DD Form 214 should be corrected to show this period of service.
ARMY | BCMR | CY2008 | 20080009082
He had served 2 years, 10 months and 10 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he had served in Haiti from 19 September 1994 to 18 January 1995. The applicant has provided sufficient evidence at this time to establish that he served in Somalia in support of Operation Restore Hope from 1 August 1993 to 31 December 1993. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2015 | 20150004618
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * 260th Quartermaster Battalion Operation Continue Hope Certificate of Appreciation, dated 25 August 1993 * 6th Corps Support Battalion Permanent Orders, dated 6 March 1995 * Army Good Conduct Medal Certificate * 68th Corps Support Battalion Permanent Orders, dated 6 March 1995 * DA Form 20...
ARMY | BCMR | CY2012 | 20120000696
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 June 1993 to show his deployment to Somalia from 28 December 1992 to 6 February 1993 and his entitlement to award of the Joint Meritorious Unit Award (JMUA) for this deployment. The evidence shows the applicant completed a qualifying period of service in Somalia from 28 December 1992 to 6 February 1993 for entitlement to the AFEM. Therefore, his DD Form 214...
ARMY | BCMR | CY2013 | 20130014057
The applicant requests his deployments to Korea, Guantanamo Bay, Cuba, and Somalia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1996. He was assigned to the 473rd Quartermaster Company in Korea from 13 January 1994 to 6 January 1995. Therefore, this deployment should be shown in item 18 of his DD Form as "SERVICE IN SOMALIA FROM 21 JANUARY TO 7 JUNE 1993."
ARMY | BCMR | CY2010 | 20100014310
Application for correction of military records (with supporting documents provided, if any). The applicant was born on 27 January 1970 and enlisted in the Regular Army in Columbia, South Carolina on 7 January 1992 for a period of 3 years, airborne training, and training as a food service specialist. 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.
ARMY | BCMR | CY2013 | 20130020120
The applicant provides: * Certificate of Appreciation (Somalia) * Certificate of Service (Operation Vigilant Warrior) * Certificate of Achievement (Operation Vigilant Warrior in Southwest Asia) * DA Form 638 (Recommendation for Award) and certificate showing award of the Army Commendation Medal CONSIDERATION OF EVIDENCE: 1. Certificate, dated 29 March 1996, awarding him the Army Commendation Medal for service from 18 November 1992 to 18 June 1994, by Permanent Orders (PO) Number 92-9,...
ARMY | BCMR | CY2012 | 20120007386
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows he served in Somalia from 15 August 1993 to 18 January 1994, a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. __________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2011 | 20110014565
The applicant requests upgrade of his general discharge to an honorable discharge, removal of the narrative reason for separation, change of his reentry eligibility (RE) code to allow him to reenter military service, and entitlement to his educational benefits. The evidence of record shows the applicant was recommended for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, for patterns of misconduct with a general, under honorable conditions discharge. By...