IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20090000599
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his overseas service.
2. The applicant states, in effect, that he served a year in the Republic of Korea, 3 years in the Federal Republic of Germany, and 4 months in the Middle East. He contends that all of this service is not recorded on his DD Form 214.
3. The applicant provides, in support of his application, a copy of his DD Form 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. On 24 June 1982, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 16S (Man Portable Air Defense Systems (MANPADS)).
3. On 5 November 1982, the applicant was assigned for duty at Fort Stewart, Georgia.
4. On 3 October 1983, the applicant was placed on orders for assignment to the Republic of Korea. He arrived in theater on 21 November 1983 and was subsequently assigned for duty with the 2nd Battalion, 61st Air Defense Artillery Brigade, 2nd Infantry Division.
5. On 17 November 1984, the applicant departed the Republic of Korea for return to the United States. He had completed 11 months and 27 days of overseas service in Korea.
6. On 28 December 1984, the applicant was assigned for duty at Fort Lewis, Washington. He served at this location until 3 February 1987, when he was placed on assignment to the Federal Republic of Germany. He arrived overseas on 12 March 1987.
7. On 13 March 1987, the applicant was assigned for duty with the 1st Battalion, 59th Air Defense Artillery. He served with this unit until his return to the United Stated on 13 March 1990. He had completed 3 years and 2 days of overseas service in Germany.
8. On 16 April 1990, the applicant was assigned for duty as an instructor with the 4th Battalion, 56th Air Defense Artillery, located at Fort Bliss, Texas.
9. The applicant was deployed to Saudi Arabia from 3 October to 21 December 1990, a total of 2 months and 19 days.
10. On 29 May 1991, the applicant was discharged due to completion of required service. He had attained the rank of staff sergeant (SSG)/pay grade
E-6, and had completed 8 years, 11 months, and 6 days of creditable active duty service. His three periods of overseas service totaled 4 years, 2 months and
18 days.
11. Item 12f (Foreign Service) of the applicant's DD Form 214 shows 3 years,
4 months, and 18 days.
12. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that Item 12f will show the total amount of foreign service completed during the period of active duty service covered by the report.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 does not show all of his overseas service.
2. The evidence of record shows that the applicant served in three different overseas locations during his period of active duty service, totaling 4 years,
2 months, and 18 days.
3. Item 12f of the applicant's DD Form 214 shows his overseas service as 3 years, 4 months, and 18 days.
4. In view of the above, the applicant's DD Form 214 should be corrected to show all of his overseas 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:
a. deleting from Item 12f of his DD Form 214 the entry "03 04 18"; and
b. adding to Item 12f of his DD Form 214 the entry "04 02 17."
_________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.
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