IN THE CASE OF:	  

		BOARD DATE:	    21 August 2012

		DOCKET NUMBER:  AR20120004012 


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 Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Bolivia during Operation Blast Furnace.

2.  The applicant states that he deployed to Bolivia in support of Operation Blast Furnace in 1986 and it is not reflected on his DD Form 214.

3.  The applicant provides a copy of a Certificate of Appreciation for participation in Operation Blast Furnace.

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 the Regular Army on 1 March 1984 for a period of 4 years, training as an infantryman and a cash enlistment bonus.  He completed his one-station unit training as an infantryman and airborne training at Fort Benning, Georgia and was transferred to Panama on 8 November 1984.  He served in Panama until 4 December 1986, when he was transferred to Fort Bragg, North Carolina.

3.  On 2 March 1988, he was honorably released from active duty (REFRAD) due to reduction in authorized strength and the Fiscal Year 1988 Early Transition Program.  He had served 3 years, 11 months, and 26 days of active service.  His DD Form 214 issued at the time of his REFRAD reflects no deployments.   

4.  A review of his official records contains no indication as to when the applicant deployed in support of Operation Blast Furnace.

5.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time made no provisions for entering deployments on the DD Form 214.  The provisions for entering deployments to areas where imminent danger pay was authorized began during the Gulf War in 1990. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his deployment to Bolivia should be entered on his DD Form 214 has been noted and found to lack merit.

2.  While the applicant has not provided and the records do not contain evidence to show the period of his deployment, the applicable regulation at the time did not provide for deployments to be entered on the DD Form 214.

3.  Therefore, since his DD Form 214 was properly prepared in accordance the regulations in effect at the time, there appears to be no error to correct or any basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.




      _______ _   _______   ___
               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)                                         AR20120004012





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ABCMR Record of Proceedings (cont)                                         AR20120004012



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