IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100012090
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, correction of his records to show he participated in exercises in Australia, Korea, and Japan.
2. The applicant states he received a certificate belonging to another Soldier and believes records pertaining to his service may have been filed in the other Soldier's record. He states that while stationed in Hawaii he participated in exercises in Australia for 30 days in October 1985, in Korea from 8 March to 27 March 1986, and in Japan in 1985.
3. The applicant provides six enclosures identified in a list.
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. The applicant enlisted in the Regular Army on 4 September 1984. After completing one-station unit training he was awarded military occupational specialty 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record ) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 14th Infantry, Schofield Barracks, HI, on 4 January 1985. On 11 March 1985, he was assigned to Company B, 1st Battalion, 14th Infantry, also at Schofield Barracks, HI, where he served until returning to the continental United States on or about 22 December 1986. He was honorably released from active duty on 3 June 1988 after completing 3 years and 9 months of active military service.
4. His records are void of documentation showing he participated in exercises in Australia or Japan while he was assigned for duty in Hawaii.
5. A DA Form 2442 (Certificate of Achievement) provided by the applicant shows he served in Korea from 8 March 1986 to 27 March 1986 during the joint training exercise Team Spirit 86. This document is not included in his official military personnel file (OMPF).
6. A newspaper clipping provided by the applicant confirms he participated in Team Spirit 86 in Korea.
7. Army Regulation 635-5 (Separation Documents) provides instructions for preparation of the DD Form 214. The version of the regulation in effect at the time did not authorize recording overseas service in a temporary duty (TDY) status on the form. Total overseas service for the period covered by the DD Form 214 was to be recorded in item 12f (Foreign Service).
8. Army Regulation 640-2-1 (Personnel Qualification Records), in effect at the time, provided the criteria for recording overseas service on the DA Form 2-1. Periods of service in a TDY status outside of the continental United States were not recorded unless a Soldier was projected to remain more than 45 days.
9. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) states that DA Forms 2442 will be filed in the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record partially supports the applicant's request for correction of his record to show he participated in exercises in Australia, Korea, and Japan.
2. The applicant received a Certificate of Achievement for his participation in Team Spirit 86. He is entitled to have this document filed in his OMPF.
3. The regulations governing the preparation of the DD Form 214 and the DA Form 2-1 do not provide for entries documenting brief periods of overseas service in a TDY status. Orders would have been issued authorizing his unit's travel to participate in exercises. A roster of personnel authorized to travel with the unit would have been attached to the orders. If the applicant is able to locate these documents, he may use them as evidence of his service in Australia and Japan.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X____ __X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing the DA Form 2442 documenting his service in Team Spirit 86 in his OMPF.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his record to show he participated in exercises in Australia and Japan.
_______ _ 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) AR20100012090
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ABCMR Record of Proceedings (cont) AR20100012090
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