IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017731
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 tour in Zaire, Africa.
2. The applicant states he was on a classified mission which is the reason it was not entered on his DD Form 214. He further states the error needs to be corrected in order for him to apply for combat related special compensation.
3. The applicant provides:
* DD Form 214
* affidavit
* photograph
* Army Commendation Medal Certificate
* 5 pages of correspondence
* 5-page extract of Army Regulation 50-5 (Nuclear Surety)
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 retired from the Regular Army on 30 April 1996, having completed 20 years and 22 days of active service.
3. Item 12f (Foreign Service) of his DD Form 214 shows he completed 6 years, 6 months, and 27 days of foreign service.
4. Item 18 (Remarks) does not contain any entries showing deployment overseas.
5. The applicant provides:
a. an affidavit from the former commander of the 43rd Signal Battalion, Heidelberg, Germany, who states the applicant and his team were selected for a mission in 1978 to provide satellite communications to Zaire, Africa. He further states the applicant and his team were there for a number of months during the Zaire Airlift operation returning later in 1978;
b. an Army Commendation Medal Certificate which states he received the Army Commendation Medal for meritorious achievement during the period
18 to 26 May 1978, providing communications in support of a joint services rescue mission in Zaire, Africa; and
c. a letter from the Director, J6, Headquarters, U.S. European Command, dated 5 October 1978, congratulating the men and women of the 5th Signal Command's 43rd Signal Battalion and 52nd Signal Battalion for their performance in support of the Zaire airlift operation.
6. Army Regulation 635-5 (Separation Documents), then in effect, states an entry will be made in item 18 (Remarks) for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. There is no provision for entering temporary duty locations and dates on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records and the evidence provided are ambiguous relative to his dates of deployment to Zaire, Africa; however, his Army Commendation Medal Certificate states he provided communications in support of a joint services rescue mission in Zaire, Africa for the period 18 to 26 May 1978.
2. However, the governing regulation then in effect contained no provision for reflecting this period of service on the DD Form 214. Therefore, it would be inappropriate to add the dates of his service in Zaire, Africa to his DD Form 214.
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) AR20140017731
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ABCMR Record of Proceedings (cont) AR20140017731
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