BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090019771
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 his service in Korea.
2. The applicant states that he served in Korea from 15 April 2003 to 15 April 2004 but his DD Form 214 does not show his service in Korea.
3. The applicant provides a copy of his reassignment orders to Korea; a copy of his DD Form 214 (Worksheet), dated 30 June 2006; and a copy of his Enlisted Record Brief, dated 29 April 2006, in support of his request.
4. On 4 May 2010, the case analyst of record contacted the applicant to inquire if he wanted his foreign service corrected. He stated that he wanted his Korea service to be shown in item 18 (Remarks) of his DD Form 214 because he is applying for a Federal job.
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 records show he initially enlisted in the Regular Army on 21 March 1985 and held military occupational specialty 63A (Abrams Tank System Maintenance Specialist). He served through multiple reenlistments within and outside continental United States, and he attained the rank of sergeant first class (SFC)/E-7.
3. His records also show he served in Germany from 15 September 1985 to 10 September 1988 and from 31 December 1991 to 29 December 1994; Korea, from 15 April 2003 to 15 April 2004; and Iraq, from 18 January 2005 to 23 December 2005.
4. He was honorably retired on 30 June 2006 and he was placed on the retired list in his retired rank/grade of SFC/E-7 on 1 July 2006. His DD Form 214 shows he was credited with 21 years, 3 months, and 10 days of creditable active service, of which 7 years and 1 month was foreign service.
5. Item 18 (Remarks) shows he served in a designated hazardous fire pay/ imminent danger pay (HFP/IDP) area (Iraq) from 18 January 2005 to 23 December 2005.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldiers records. Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant served in Korea from 15 April 2003 to 15 April 2004. This period of foreign service is captured in item 12f of his DD Form 214. There is no provision in the current version of the regulation to list the specific country of foreign service in item 12f.
2. The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, a statement of the country of deployment (locations authorized HFP/IDP) and inclusive dates is listed in the remarks block of the DD Form 214. Korea is not designated a HFP/IDP area. Therefore, there is no provision to list it in item 18 of the DD Form 214.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. In order to justify correction of a military record, he must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. He did not submit evidence that would satisfy that requirement. Therefore, there is insufficient evidence to grant his requested relief.
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.
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