IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080013869
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Okinawa.
2. The applicant states that the Veterans of Foreign Affairs advised her that she was not credited with any foreign service and that she was not eligible for "Jr. Vice, district 9."
3. The applicant provides a copy of her assignment orders to Okinawa and a copy of page 1 of her DA Form 2-1 (Personnel Qualification Record).
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 served in the Regular Army from 27 November 1970 through
31 August 1992. She retired with sufficient years of service. She was trained in, awarded, and served in military occupational specialty (MOS) 91P (Radiology Noncommissioned Officer). She attained the rank and grade of sergeant first class/E-7.
3. A review of her official records shows that she served in Okinawa from
15 January 1974 through 10 July 1975, and in Germany from 14 April 1978 through 4 April 1983. This foreign service is properly annotated on her DD Form 214 in Item 12f (Foreign Service) as 6 years, 5 months, and 17 days.
4. Army Regulation 635-5 (Separation Documents), then in effect, prescribed policies and procedures regarding separation documents (DD Form 214/5). Item 12f lists the total amount of foreign service completed during the period covered in the DD Form 214. Each entry is verified by the individual's service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Okinawa from 15 January 1974 through 10 July 1975 for a period of 18 months which is properly reflected in Item 12f of her DD Form 214.
2. Army regulations, then in effect, stipulated that foreign service would be included in Item 12f of the DD Form 214 and there was no policy for annotating foreign service in any other location on the DD Form 214. The applicant's DD Form 214 is correct as shown. Therefore, there is no basis upon which to grant the applicant's request.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any 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) AR20080013869
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