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ARMY | BCMR | CY2005 | 20050003426C070206
Original file (20050003426C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050003426


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 5 (oversea service) and item 33
(record of assignments) on his Department of the Army Form 2-1 (Personnel
Qualification Record) be corrected to show his service in Southwest Asia
between
4 December 1990 and 24 April 1991.  He also asks that item 12f (foreign
service) on his 1991 separation document be corrected to reflect his
overseas service.

2.  The applicant states the forms do not appropriately list his service in
Southwest Asia.

3.  The applicant provides a copy of his Department of the Army Form 2-1
and a copy of his 1991 separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 June 1991.  The application submitted in this case is
dated
28 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate the applicant initially entered
active duty in 1975 and was discharged for the purpose of immediate
reenlistment on 11 October 1978.  He was issued a separation document upon
his 1978 discharge.  The 1978 separation document captures the applicant’s
service in Germany between October 1975 and the time of his discharge for
the purpose of reenlisting.

4.  The applicant continued to serve on active duty through a series of
reenlistments until June 1991 when he was honorably discharged as a result
of a locally imposed bar to reenlistment.  He also continued to service in
Germany following his October 1978 reenlistment and returned to the United
States on
18 June 1979, a period of 8 months and 7 days.  He returned to Europe on
13 May 1987 and remained there until June 1991, just prior to his
separation from active duty.  His second tour of duty overseas would have
encompassed approximately 4 years, 3 months, and 3 days; assuming he
departed Europe on 15 June 1991 for separation on 17 June 1991.

5.  His separation document contains a statement confirming his deployment
to Southwest Asia between December 1990 and April 1991.  At the time of the
applicant's deployment he was serving with an Armored Cavalry unit on a
tour of duty in Germany.

6.  Army Regulation 600-8-104, then in effect, established the policies and
provisions for the maintenance of Army military personnel files.  The
Department of the Army Form 2-1 is primarily used during the service
member’s period of military service, as a management tool for military
commanders and personnel managers to effectively manage a Soldier’s career.
 The form was not intended to be a detailed historical record of a
Soldier’s career nor intended for use outside, or beyond, an individual’s
military service.

7.  The regulation notes that item 5 will contain the date of departure for
and return from oversea service, the geographical area and country, type,
length of oversea service, and arrival of family members.  Item 5 on the
applicant's Department of the Army Form 2-1 noted that he departed the
United States enroute to Germany in May 1987 and a pencil entry noting his
oversea tour was scheduled to conclude in April 1993.  The applicant was
discharged before completing his scheduled tour and as such, the pencil
entry was never finalized.

8.  The regulation also notes that item 33 is a record of assignment
entries in chronological order.  New entries are made at various times,
including upon assignment to duty at a new station, when the principal duty
assignment is changed, when placed on TDY (temporary duty) and attached to
another unit and copies of the form accompany the Soldier, when placed on
TDY to a school and returns to unit of assignment; etc.  Additionally,
during the period in question, new entries were also made each time the
Soldier received a performance evaluation report.  Today, however, the form
has been replaced by an automated record brief and the Department of the
Army Form 2-1 is no longer in the Army's inventory.

9.  Item 33, on the applicant's Department of the Army Form 2-1 does
reflect his assignment as a platoon sergeant with the 2nd Squadron of the
2nd Armored Cavalry unit following a performance evaluation report he
received in April 1990.


10.  Army Regulation 635-5, which establishes the policies and provisions
for the preparation of separation document notes that item 12f will reflect
the total amount of foreign service completed during the period of service
covered by the separation document.

DISCUSSION AND CONCLUSIONS:

1.  Although item 5 on the applicant's Department of the Army Form 2-1
should probably have been finalized upon his departure from Germany for
separation processing in 1991 the absence of that information creates no
error or injustice which would warrant correction.  This is particularly
true in view of the fact the form is no longer utilized by military
management officials.

2.  The applicant was likely deployed to Southwest Asia in a TDY status
with his parent organization and as such a separate entry in item 33 would
not have been made.

3.  Notwithstanding the foregoing, the Department of the Army Form 2-1 was
not intended for use outside, or beyond, an individual’s military service.
Correcting unclear information or adding entries to that form years after
the fact serves no useful military purpose and as such, the lack of
information or unclear information on the form does not indicate or create
an error or injustice in an individual’s records necessitating Board
action.

4.  The applicant did, however, complete a total of 4 years, 11 months, and
10 days of foreign service during his military career between 1978 and
1991.  It would be appropriate to correct item 12f on his separation
document to reflect that information.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WP___  __TR  ___  __RF   __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing in item 12f on
his 1991 separation document that he served 4 years, 11 months, and 10 days
of foreign service.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting item 5 and item 33 to show deployment to Southwest Asia on his
Department of the Army Form 2-1.




                                  _____ William Powers______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003426                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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