IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080005141
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, in effect, that Item 12f (Foreign Service) of his
10 October 2005 separation document (DD Form 214) be corrected reflect a total of 5 years and 6 months.
2. The applicant states, in effect, that his 2005 DD Form 214 should show he completed 5 years and 6 months of overseas service instead of 5 months and
8 days as it currently does.
3. The applicant provides DD forms 214, dated 10 October 2005 and 22 October 1985 in support of his application.
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 applicants 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 applicants 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 record shows that he enlisted in the Regular Army (RA) and entered active duty in that status on 12 April 1977. His Personnel Qualification Record (DA Form 2-1) shows, in Item 5 (Overseas Service), that he served in Germany from 13 August 1977 through 6 September 1979, and again from
29 June 1982 through 29 June 1985.
3. On 22 October 1985, the applicant was honorably discharged from the RA, in the rank of sergeant (SGT), after completing 8 years, 6 months, and 11 days of active military service. Item 12f of the DD Form 214 he was issued at that time shows he completed 5 years and 23 days of overseas service during the period covered by the DD Form 214 (12 April 1977-22 October 1985).
4. On 2 November 2001, the applicant enlisted in the Army National Guard (ARNG) for 3 years.
5. On 29 November 2004, while serving in the ARNG, the applicant was ordered to active duty in support of Operation Iraqi Freedom. He served for 10 months and 12 days until being honorably discharged on 10 October 2005. Item 12f of the DD Form 214 he was issued at the time shows he completed 5 months and 8 days of overseas service during the period covered by the separation document (29 November 2004-10 October 2005). Item 18 (Remarks) shows he served in Iraq 20 January through 27 June 2005.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214, as indicated in Item 12c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 12f of his 10 October 2005 DD Form 214 should document his completion of 5 years and 6 months of overseas service was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, only the overseas service completed during the period covered by the DD Form 214 will be entered in Item 12f. In this case, the 5 months and
6 days he completed in Iraq during the period covered by the DD Form 214
(29 November 2004-10 October 2005) is properly reflected in Item 12f. There is no indication that he completed any other overseas service during this period.
3. The prior overseas service completed by the applicant during his RA active duty service between 12 April 1977 and 22 October 1985, is also properly documented in the DD Form 214 he was issued on 22 October 1985. As a result, there is no error or injustice related to the entry in Item 12f of either his
22 October 1985 or 10 October 2005, DD Forms 214.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20080005141
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ABCMR Record of Proceedings (cont) AR20080005141
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