IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130006174
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 foreign service.
2. The applicant states:
* he served 4 months of temporary duty in Honduras during the period August 1988 to November 1988
* he was assigned to the 511th Military Police Company which was attached to the Transportation Battalion in Fort Drum, NY
* he is filing a post-traumatic stress disorder claim with the Department of Veterans Affairs and he needs proof he was in a hostile environment
3. The applicant provides:
* three self-authored letters
* Honduran currency
* envelope
* two photographs
* DD Form 214
* names of eight fellow service members
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 23 September 1986. He completed training and was awarded military occupational specialty 95B (Military Police).
3. On 22 September 1989, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he completed 3 years of creditable active military service.
4. After a break in service, the applicant again enlisted in the Regular Army, on 19 February 1991, and was honorably discharged on 30 January 1992 by reason of convenience of the government under the Fiscal Year 1992 Early Transition Program. His DD Form 214 for this period of service shows he completed 11 months and 12 days of creditable active military service.
5. His DA Form 2-1 (Personnel Qualification Record-Part II) does not show any overseas assignments or foreign service.
6. His record is void of documentation showing he deployed to Honduras or any other foreign country.
7. The applicant provides three undated self-authored letters describing events at the time, Honduran currency, and a post-marked envelope which bears the Army post office zip code 34042 which served a contingency unit in Comayagua, Honduras. He also provides the names of fellow Soldiers, a copy of his DD Form 214 for the period ending 22 September 1989, and two photographs. One photograph shows an unidentified Soldier standing beside a guard post with a sign in Spanish indicating he was at Palmerola Air Base, Honduras, and the second photograph shows two unidentified Soldiers standing.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Item 12f (Foreign Service) shows the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214. For a Soldier deployed with his or her unit during their continuous period of active service, Item 18 (Remarks) shows the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
Although the evidence provided by the applicant suggests he served in Honduras, his records are void and he does not provide evidence showing the time frame he may have served in Honduras. As a result, there is an insufficient evidentiary basis to support granting the applicant's requested relief.
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) AR20130006174
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ABCMR Record of Proceedings (cont) AR20130006174
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