ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  19 February 2010

	DOCKET NUMBER:  AR20160014002


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his service in Albania in 1999.  

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant enlisted in the Regular Army on 24 July 1998.  

3.  His records contain evidence he served in Germany from 17 January 1999 to 23 July 
2001.

4.  He was honorably released from active duty on 23 July 2001.  

5.  During the processing of this case, the Defense Finance and Accounting Service 
(DFAS) reviewed his Master Military Pay Account, which shows he served in the 
combat zone in Albania from 1 May 1999 through 31 July 1999.
6.  The applicant's service in Albania is not shown in item 18 of his  
DD Form 214 as prescribed within Army Regulation 635-5 (Separation Documents), 
dated 15 August 1979.   







BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined relief 
was warranted.  The Board found that based upon the military pay records, sufficient 
evidence was present to recommend changing the applicant’s DD214 to reflect service 
in Albania.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 for the period ending 23 July 2001 by adding to item 18 (Remarks) the 
entry "SERVICE IN ALBANIA FROM 1990501 – 19990731." 

	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Separation Documents), dated 15 August 1979, prescribed 
the separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  This regulation identified the 
DD Form 214 as a synopsis of the Soldier's most recent period of continuous active 
duty, providing a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement or discharge.  Table 2-1 provided instruction pertaining to 
the completion of the DD Form 214.  Item 18 (Remarks) was used to document the 
remarks that were pertinent to the proper accounting of the separating Soldier's period 
of service.  For active duty Soldiers who deployed with their unit during their continuous 
period of active service, the statement "SERVICE IN (name of country deployed) 
FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" would be included when the       
DD Form 214 was prepared.

ABCMR Record of Proceedings (cont)	 AR20160014002

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