IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080008949
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 that prior foreign service be entered in block 12f (Foreign Service) of his 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty),
2. The applicant states that his past and future DD Forms 214 should correctly indicate the nature and length of his service.
3. The applicant provides copies of his 1986 and 2002 DD Forms 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 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, currently a United States Army Reserve (USAR) warrant officer, had prior active duty service in the United States Air Force which is reflected on his 1986 DD Form 214. It shows he had 2 years, 8 months and
12 days of foreign service.
3. The 2002 DD Form 214 shows the active duty period that resulted from his USAR mobilization in support of Operation Noble Eagle [a partial mobilization of the reserves for homeland defense and civil support missions in response to the terrorist attacks on 11 September 2001].
4. Army Regulation 635-5 (Separation Documents), paragraph 2-4 provides line by line directions for completing the DD Form 214. The directions for block 12f (Foreign Service) state, "
enter the total amount of foreign service completed during the period covered in block 12c." Block 12c is, "Net Active Service This Period."
DISCUSSION AND CONCLUSIONS:
1. The applicant states that his DD Form 214 should reflect "prior foreign service in block 12f.
2. The governing regulation provides that only foreign service during the current period be shown in block 12f.
3. 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) AR20080008949
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ABCMR Record of Proceedings (cont) AR20080008949
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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