IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019720 


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, the spouse of a deceased former service member (FSM), requests, through her Member of Congress, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. 

2.  The applicant states:

* she was not allowed to have war service on his headstone due to this error and she would like it corrected
* she has a letter from another individual who served with the FSM and  a letter from his mother who received calls from him when he was overseas
* the FSM was diagnosed with post-traumatic stress disorder and the local office of the Department of Veterans Affairs (VA) has documents of his medical evacuation

3.  The applicant provides:

* DD Form 214
* Certificate for award of the Army Achievement Medal
* Certificate of Death
* Letter from an individual who knew him
* Letter from his mother



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 FSM's records show he enlisted in the Regular Army on 2 September 1987.  He completed basic combat and advanced individual training at Fort Benning, GA, and he was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapon Infantryman). 

3.  His DA Form 2-1 (Personnel Qualification Record) shows following MOS training, he departed Fort Benning, GA, on 4 December 1987 enroute to Fort Drum, NY.  He was assigned to 1st Battalion, 87th Infantry.  He reenlisted in the Regular Army at Fort Drum, NY, on 8 March 1991.

4.  He departed Fort Drum, NY, on 17 July 1991 enroute to Fort Sam Houston, TX for training.  He was assigned to Company C, 187th Medical Battalion where he completed training in MOS 91E (Dental Laboratory Specialist). 

5.  He departed Fort Sam Houston on 18 March 1992 enroute to Fort Benning, GA where he completed the Basic Airborne Course on or about 7 April 1992.  

6.  Following completion of Airborne training, he remained at Fort Benning, GA, and he was assigned to the U.S. Army Dental Activity (DENTAC).  He extended his enlistment by a period of 18 months, at Fort Benning, GA, on 1 December 1993. 

7.  Item 5 (Overseas Service) of his DA Form 2-1 does not show any overseas service.  Additionally, item 35 (Record of Assignments) of this form also does not show any service overseas. 

8.  On 6 January 1994, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, published Orders 006-1166 ordering his reassignment to the U.S. Army Transition Center, also at Fort Benning, GA, for separation outprocessing. 
9.  There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents such as pay documents in his service record that show he was ordered to or served overseas.

10.  He was honorably released from active duty on 7 September 1995.  His 
DD Form 214 shows he completed 8 years and 6 days of creditable active service.  This form also shows in:

* Item 12f (Foreign Service This Period) 0000-00-00
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) no Overseas Service Ribbon
* item 18 (Remarks) does not show deployment to any hazardous fire or imminent danger pay area

11.  The applicant provides:

	a.  A certificate, dated 28 June 1991, awarding him the Army Achievement Medal for achievement from 1 to 9 April 1991 during the 1st Brigade Mountain Peak Field Training Exercise. 

	b.  A letter, dated 30 March 2011, from an individual who states, in effect, he served with the FSM at Fort Drum, NY and their unit went to Exercise REFORGER (Return of Forces to Germany) from January to February 1989, Jungle Operation Training in Panama from March to April 1989, and "REFORGER" in Europe from January to February 1990.  They were on an alert for Desert Storm but they did not deploy. 

	c.  A letter from the FSM's mother indicating the FSM called her from overseas and told her they had killed people while he was there. 

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214 and contained item-by-item guidance for preparation of the DD Form 214.  It stated for:

* item 12f – enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13 – enter all awards, decorations, and badges
* item 18 – for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (YYYYMMDD-YYYYMMDD)"

13.  Exercise REFORGER was an annual training exercise conducted, during the Cold War, by forces of the North Atlantic Treaty Organization (NATO).  The exercise was intended to ensure that NATO had the ability to quickly deploy forces to West Germany in the event of a conflict with the Warsaw Pact.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant does not specifically state what combat theater and where the FSM deployed, it appears that training exercises are being confused with deployment and foreign service.  

2.  First, the evidence of record shows, subsequent to completing basic and advanced individual training, the applicant served at Fort Drum, NY; Fort Sam Houston, TX; and Fort Benning, GA.  All these locations were in the continental United States.  There is no evidence in his service records and the applicant did not provide any substantiating evidence such as a PCS or TDY orders, deployment orders, a manifest report, or other official documents such as TDY settlement vouchers or leave and earnings statements showing receipt of hazardous duty pay for duty in a combat environment.

3.  Second, there is no evidence in his available record that shows he participated in any training exercises such as REFORGER or any other training exercise overseas.  Again, there are no official documents to confirm participation and the dates of such participation.  But even if he did participate in training exercises only deployments and deployed country and dates are listed in item 18.  

4.  Regrettably, the applicant is not entitled to 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)                                         AR20130019720



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ABCMR Record of Proceedings (cont)                                         AR20130019720



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