IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120008414 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Qatar.

2.  The applicant states he served in Qatar for approximately two weeks in 2000.

3.  The applicant provides his 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 enlisted in the Regular Army on 28 July 1999 and trained as an infantryman.  On 28 December 2001, he was discharged under honorable conditions.
3.  Item 12f of his DD Form 214 shows the entry "0000  00  00."

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) is blank.

5.  There is no evidence of record which shows he served in Qatar.

6.  Records at the Defense Finance and Accounting Service do not show he received hostile fire/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) for service in Qatar.

DISCUSSION AND CONCLUSIONS:

The applicant contends he served in Qatar for two weeks in 2000.  However, there is no evidence of record and he provided no evidence to support this contention.  Therefore, there is no basis for amending item 12f of 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)                                         AR20120008414





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ABCMR Record of Proceedings (cont)                                         AR20120008414



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