IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20140000215
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 all his wartime and overseas deployments.
2. The applicant states his wartime and overseas deployments were not included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records to excuse an applicants 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 applicants 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 5 September 1990. He held military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Saudi Arabia from 3 March through 18 November 1991, a period of 8 months and 16 days.
4. On 13 October 1993, he was honorably released from active duty in the rank/grade of specialist/E-4. His DD Form 214 shows he completed 3 years, 1 month, and 9 days of net active duty service. This form further shows in:
a. item 12f (Foreign Service): 00 08 16 (indicating 8 months and 16 days); and
b. item 18 (Remarks): No entry showing deployment.
5. His record contains a DA Form 638 (Recommendation for Award) showing he received an Army Achievement Medal for the period 26 December 1992 to
13 May 1993. Item 10 (Achievement #2) states, in part, that he deployed with the advanced party to provide maintenance support during Operation Restore Hope (in Somalia).
6. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments in support of named operations. Its instructions provide that for active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" was entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Saudi Arabia from 3 March through 18 November 1991, a period of 8 months and 16 days, and in Somalia from 26 December 1992 to 13 May 1993, a period of 4 months and 18 days.
2. The cumulative total of his foreign service equates to 1 year, 1 month, and 3 days; however, his DD Form 214 credits him with the completion of only 8 months and 16 days of foreign service. Therefore, his DD Form 214 should be corrected to reflect his entire period of completed foreign 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:
a. deleting the current entry in item 12f of his DD Form 214 and replacing it with "0001 01 01" indicating 1 year, 1 month, and 3 days of cumulative foreign service;
b. adding to item 18 of his DD Form 214 the entries:
* "SERVICE IN SAUDI ARABIA 19910303-19911118"
* "SERVICE IN SOMALIA 19921226-19930513"
_____________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) AR20110005669
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000215
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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