BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130016873
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 record to credit him with overseas service for a temporary duty (TDY) assignment in Germany and Bosnia.
2. He states he was not credited with service in Germany and Bosnia.
3. He provides:
* memorandum, subject: Request for Temporary Change of Station (TCS) Orders
* orders
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
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. On 22 May 2000, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 88H (Cargo Specialist).
3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 119th Transportation Company effective 3 October 2000.
4. On 30 November 2003, he was honorably released from active duty. His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), shows he had 8 months and 12 days of foreign service and that he served in Egypt from 1 September to 30 November 2001 and in Kuwait/Iraq from 15 February to 27 August 2003.
5. His military service records are void of documentation showing he served in Germany or Bosnia.
6. During the processing of a previous request the applicant submitted to this Board, a Defense Finance and Accounting Service staff member reviewed the applicant's Master Military Pay Account (MMPA). His MMPA did not show that he had received hostile fire pay (HFP)/imminent danger pay (IDP) for service in Bosnia.
7. He provides Orders 342-00108, issued by the U.S. Army Transportation Center and Fort Eustis, Fort Eustis, VA, dated 7 December 2000, showing an attached list of Soldiers was reassigned and/or deployed for assignment to a unit in Miesau, Germany, in support of Operation Joint Forge/Joint Guardian for a period not to exceed 179 days. The attached list of six Soldiers from the 119th Transportation Company does not include the applicant's name.
8. He provides a memorandum, subject: Request for TCS Orders, dated 12 December 2000 showing the Commander, 119th Transportation Company, requested TCS orders for Soldiers on a list that included his name. The memorandum shows they were to travel to Ramstein, Germany on 4 January 2001 to support the 11th Battalions mission and return on 1 April 2001.
9. A review of the version of the Department of Defense Financial Management Regulation in effect at the time shows HFP/IDP was authorized for Bosnia-Herzegovina.
10. 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 establishes standardized policy for the preparation of the DD Form 214. It states:
a. for item 12f, from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. for item 18, for an active duty Soldier deployed with his unit during his 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 available evidence does not support the applicant's request for correction of his record to show credit for overseas service for a TDY assignment in Germany and Bosnia.
2. The applicant's military personnel records are void of documentation indicating that he served in Germany or Bosnia. He provides orders showing six Soldiers from his unit were temporarily assigned duty in Germany, but his name is not listed as one of those Soldiers.
3. His name is listed in a memorandum requesting TCS orders for travel to Germany, but there is no evidence indicating the orders were issued and the travel actually occurred.
4. In the absence of documentation showing that he actually served in Germany and Bosnia, there is no basis for granting the 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) AR20130016873
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016873
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