IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100014366
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 dates of foreign service.
2. The applicant states his DD Form 214 shows his foreign service in time but does not provide the actual dates of that service.
3. The applicant provides a copy of his DD Form 214 and DA Form 2-1 (Personnel Qualification Record - Part II).
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 the following:
Event
Dates
Enlisted in the Regular Army
10 September 1987
Deployed to Saudi Arabia in support of Desert Shield/Desert Storm
26 September 1990 to 9 March 1991
Assigned for duty in the Republic of Korea
12 March 1992 to 5 March 1993
Returned to U.S. for duty at Fort Riley, Kansas
In March 1993
Released from active duty
13 June 1994
3. The applicant's DD Form 214 shows in:
a. Item 12f (Foreign Service): 1 year, 5 months, and 8 days
b. Item 18 (Remarks): No entry for deployments for this period of service.
4. Army Regulation 635-5 (Separation Documents), as amended subsequent to the applicant's discharge, provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his dates of foreign service.
2. The evidence of record clearly shows that the applicant was deployed to Saudi Arabia in support of Desert Shield/Desert Storm from 26 September 1990 to 9 March 1991. Therefore, his DD Form 214 should be corrected to show in Item 18 this deployed service.
3. The evidence of record also shows that the applicant completed a normal tour of duty in the Republic of Korea from 12 March 1992 to 5 March 1993. However, the governing regulation does not authorize an entry on the DD Form 214 to show this type of foreign service. Therefore, the applicant's request to show this period of foreign service should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____X__ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 adding in Item 18 of his DD Form 214 the entry: SERVICE IN SAUDI ARABIA FROM 19900926 TO 19910309.
2. The Board further determined that 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 showing his tour of duty in the Republic of Korea on his DD Form 214.
_______ _ _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) AR20100014366
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014366
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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