IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120007959 


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 correction of item 12f (Foreign Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 September 1998 to show he completed 3 months and 13 days of foreign service during this period of service vice none.

2.  The applicant states:

	a.  his DD Form 214 confirms his foreign service from 9 September to
22 December 1993 in Southwest Asia (SWA); and

	b.  item 18 (Remarks) of his DD Form 214 correctly confirms his SWA service; however, it is not shown in item 12f of his DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period ending 24 September 1998
* a Manifest Report for Orders 150-3, issued by Headquarters, 10th Special Forces Group, Fort Devens, MA, dated 9 September 1993

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 record documents his honorable service in the Regular Army (RA) from 2 December 1987 to 24 September 1998.

3.  His DD Form 214 for the period ending 24 September 1998 shows in:

* item 12f the entry "0000  00  00," indicating no foreign service during the period of service covered by the DD Form 214
* item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) authorized awards, including the Southwest Asia Service Medal
* item 18 shows the entry "SERVICE IN SOUTHWEST ASIA 19930909 - 19931222"

4.  He submits a Manifest Report for Orders 150-3, dated 9 September 1993.  This report contains the applicant's name that shows he was ordered to travel by United States Air Force Aircraft (C-141) to Turkey on 8 September 1993.

5.  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.  It states for item 12f to, enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served in SWA from 9 September through 22 December 1993, that equates to 3 months and 14 days of foreign service.  Therefore, it would be appropriate at this time to correct item 12f of his DD Form 214 for the period ending 24 September 1998 to reflect this period of foreign service.

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 deleting from item 12f of his DD Form 214 the current entry and replacing it with entry "0000  03  14."



      __________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)                                         AR20120007959



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007959



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1