IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080006060 


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 that his DD Form 214 be corrected to reflect his deployment to Kuwait in 1998. 

2.  The applicant states that his DD Form 214 does not reflect his deployment to combat service in Kuwait in 1998.  He further states that he was attached to C battery, 2nd Battalion, 82nd Field Artillery Regiment when he was deployed and when he returned he was returned to Service Battery, 2nd Battalion, 82nd Field Artillery Regiment.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 Lansing, Michigan in the United States Army Reserve (USAR) on 14 June 1996, under the delayed entry program (DEP).  He enlisted in the Regular Army on 18 July 1996 for a period of 3 years and training as a petroleum supply specialist.

3.  He completed his basic combat training at Fort Knox, Kentucky and his advanced individual training at Fort Lee, Virginia before being transferred to Fort Hood, Texas for assignment to Service Battery, 2nd Battalion, 82nd Field Artillery Regiment.  He was advanced to the pay grade of E-4 on 18 January 1999.  

4.  On 17 July 1999, the applicant was honorably released from active duty (REFRAD) due to completion of required service.  He had served 3 years of total active service and was transferred to the USAR Control Group (Reinforcement).

5.  A review of the applicant’s official records fails to indicate that the applicant ever deployed from Fort Hood and the applicant has not provided any evidence to show any such deployment.  

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.   

2.  While the sincerity of the applicant’s claim that he served in Kuwait is not in doubt, there simply is no evidence in the available records to show that such was the case.  

3.  Inasmuch as he has not provided any additional evidence such as leave and earnings statements, orders, etc. to support his claim, there appears no basis to grant his request at this time. 

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)                                         AR20080006060





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ABCMR Record of Proceedings (cont)                                         AR20080006060



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