BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090012665
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 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served 8 months overseas vice 6 months and 26 days.
2. The applicant states that dates on his DD Form 214 show 6 months and 26 days when they should show 8 months. He states he needs the correction to receive benefits.
3. The applicant provides a copy of the first page of his DA Form 2-1 (Personnel Qualification Record - Part II) and a copy of his 10 February 1992 DA Form 2A (Personnel Qualification Record - Part I).
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Records available to the Board indicate the applicant enlisted and entered active duty on 10 August 1989. According to item 5 (Overseas Service) of his DA Form 2-1, he was deployed to Saudi Arabia from 15 September 1990 through 10 April 1991, a period of 6 months and 26 days.
3. On 7 August 1992 the applicant was released from active at the expiration of his term of service (ETS). Item 12f of his DD Form 214 reflects 6 months and 26 days of foreign service.
4. The DA Form 2A provided by the applicant in support of his request also shows that he returned from Saudi Arabia on 10 April 1991.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for the preparation and distribution of the DD Form 214. It stated, in pertinent part, that item 12f would reflect the total amount of foreign service completed during the period of service covered by the DD Form 214. It stated that foreign service should be obtained from Section I of the Officer Record Brief for officers or item 5 of the DA Form 2-1 for enlisted Soldiers to compute the entry.
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms the applicant served in Saudi Arabia from 15 September 1990 through 10 April 1991, a period of 6 months and 26 days. There is no other evidence in the available records or provided by the applicant that confirms he had any additional foreign service or that the entry in item 12f of his 1992 DD Form 214 should reflect 8 months of foreign service.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090012665
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