IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080009331 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, in effect, that his separation document (DD Form 214) be corrected to show the Army Good Conduct Medal (AGCM) and to document his service in a Hazardous Duty/Imminent Danger Pay (HDP/IDP) area. 2. The applicant states, in effect, that his separation document should include his AGCM and document his service in El Salvador, a HDP/IDP area. He also indicates that he was awarded the additional skill identifier (ASI) ”B5.” 3. The applicant provides the following documents in support of his application: Defense Finance and Accounting Service (DFAS) Facsimile Transmittal Page; DFAS Letter, dated 31 January 2008; Leave and Earning (LES) Statements; United States Army Logistics Center, Fort Lee, Virginia, Letter; Personnel Qualification Records (DA Form 2-1 and DA Form 2A); and DD Form 214. 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’s military records show that he enlisted in the Regular Army and entered active duty on 19 September 1990, and was trained in and awarded, military occupational specialty (MOS) 92A (Automated Logistical NCO). 3. The applicant's DA Form 2-1 shows, in Item 5 (Oversea Service), that he served in Panama from 10 March 1991 to 2 March 1994, and the list of awards contained in Item 9 (Awards, Decorations, and Campaigns) includes the AGCM. 4. The applicant’s DA Form 2A contains an entry in Section IV (Service Data), Item 11 (Date Eligible GCMDL), which shows the applicant would have been eligible for his next AGCM in September 1996. 5. On 1 January 1997, the applicant was honorably released from active duty (REFRAD). The DD Form 214 he was issued at the time shows he completed a total of 6 years, 3 months, and 13 days of active military service. Item 11 (Primary Specialty) includes the entry “95B2OB5OO”, and Item 12f (Foreign Service) shows he completed 2 years, 11 months and 12 days of overseas service. 6. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure: National Defense Service Medal; Army Service Ribbon; Overseas Service Ribbon; Noncommissioned Officer Professional Development Ribbon; Expert Marksmanship Qualification Badge with Rifle Bar; and Marksman Marksmanship Qualification Badge with Hand Grenade Bar. The AGCM is not included in the list of awards contained in Item 13. Item 18 (Remarks) contains no entry pertaining to deployed service in a HDP/IDP area. 7. The applicant provides ten LESs which show he received HDP/IDP from 1 August 1993 through 28 February 1994. There are no documents contained in the applicant’s Official Military Personnel File (OMPF) to confirm his exact location/area while receiving HDP/IDP. 8. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for Item 13 state to enter all awards and decorations for all periods of service. The instructions for Item 18 state that for active duty Soldiers deployed with his or her unit, the following entry will be made "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his separation document should be corrected to show the AGCM and his service in a HDP/IDP area were carefully considered and found to have merit. 2. The evidence of record shows that the applicant was awarded his first AGCM, on 18 March 1993, as evidenced by the entries on his DA Forms 2A and DA Form 2-1. This award was omitted from his separation document and it would be appropriate to add it to Item 13 of his separation document at this time. 3. By regulation, Item 18 of the separation document will contain an entry for active duty Soldiers that documents deployed service. The applicant’s record confirms that while assigned overseas in Panama, he received HDP/IDP from 1 August 1993 to 28 February 1994, as evidenced on his LESs; however there is no evidence to corroborate his claim that this service was performed in El Salvador. Given that the location cannot be determined by the evidence of record, it would still be appropriate document this service by correcting Item 18 of his DD Form 214 to add the entry “SERVICE IN A HAZARDOUS DUTY/IMMITNENT DANGER AREA FROM 19930801 TO 19940228” at this time. 4. The applicant also indicates he had the ASI “B5” and a review of his separation document confirms this ASI is properly documented in Item 11 as part of the MOS entry. He also references copies 1 and 4 of the DD Form 214; however, he fails to indicate what specific issue he has regarding these copies. As a result no Board action is necessary or being taken on these matters and will not be further discussed. BOARD VOTE: ____x___ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending his DD Form 214 by adding the Army Good Conduct Medal to Item 13; by adding the entry “SERVICE IN A HAZARDOUS DUTY/IMMINENT DANGER AREA FROM 19930801 TO 19940228” to Item 18; and by issuing him a correction to his DD Form 214 that reflects these changes. _______ _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) AR20080009331 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009331 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1