IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100019706 


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) for the period ending on 31 October 1982 to:

* show he had no inactive service
* show he completed 5 years of foreign service in Panama and two
12-month tours in Korea

2.  The applicant states his DD Form 214 contains errors.

3.  The applicant provides 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 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's records show he was initially inducted into the Army of the United States on 2 July 1958.  He completed 2 years of active service and he was honorably released from active duty on 1 July 1960 and he was transferred to the U.S. Army Reserve (USAR) to complete his Reserve obligation.

3.  He was ordered to active duty from the USAR on 2 July 1960.  He completed 1 year of active service and was again honorably released from active duty on 1 July 1961 and he was reverted to the USAR.

4.  He remained in the USAR from 2 July 1961 to 26 September 1961, a period of 2 months and 25 days, before he enlisted in the Regular Army (RA) on 27 September 1961.  He held military occupational specialty (MOS) 917.20/91E (Dental Specialist) and he served in Panama from 19 July 1963 to 12 January 1968.

5.  While in Panama, he was honorably discharged on 26 September 1964 for the purpose of immediate reenlistment in the RA.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 1 year, 2 months, and 8 days of foreign service in the U.S. Army South (USARSO) during the period covered by this DD Form 214. 

6.  He reenlisted for 6 year on 27 September 1964 and he was again honorably discharged on 24 September 1970 for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service listed completion of 3 years, 3 months, and 16 days of foreign service in USARSO.

7.  He reenlisted for 3 years on 25 September 1970 and he served in Korea from 25 March 1972 to 8 March 1973.  He was honorably discharged on 19 August 1973 for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows he completed 1 year of foreign service in Korea.

8.  He reenlisted for 6 years on 20 August 1973 and he served in Korea from 30 January 1979 to 24 January 1980.  While in Korea, he was honorably discharged on 19 March 1979 for the purpose of immediate reenlistment.  The DD Form 214 (Report of Separation from Active Duty) for this period of service shows he completed 1 month and 20 days of foreign service in Korea during the period covered by this DD Form 214.

9.  He reenlisted in Korea for 3 years, attained the rank/grade of sergeant major (SGM)/E-9, and he reenlisted again for 3 years on 21 December 1981.  He was honorably retired on 31 October 1982 by reason of required service for retirement and he was placed on the retired list on 1 November 1982 in the rank/grade of SGM/E-9.

10.  The DD Form 214 he was issued for this period of service shows he completed 24 years, 8 months, and 15 days of active service.  This form further shows in:

* Item 12e (Total Prior Inactive Service) the entry "00  02  25"
* Item 12f (Foreign Service) the entry "00  11  25"

11.  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.  The version of Army Regulation 635-5 in effect on 1 February 1967 required an entry in item 22c, 18f, or 12f of the total active duty outside continental limits of the United States for the period covered by the DD Form 214 (emphasis added) and the last overseas theater in which service was performed.  All versions required an entry, if applicable, of prior active or inactive service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending on 31 October 1982 should be corrected to show his total foreign service and remove any prior inactive service.

2.  With respect to his prior inactive service, when the applicant was honorably released from active duty on 1 July 1961, he was transferred to the USAR to complete his remaining service obligation.  He remained in an inactive status from 2 July 1961 to 26 September 1961, a period of 2 months and 25 days, before he enlisted in the RA on 27 September 1961.  His retirement DD Form 214 correctly captured his prior inactive service.

3.  With respect to his foreign service, the evidence of record shows the applicant initially entered active duty on 2 July 1958 and his last discharge was on 31 October 1982.  He was issued several DD Forms 214 capturing each period of active service.  He also completed various periods of foreign service throughout his military service.  As required by applicable regulation, each period of foreign service is properly documented on the DD Form 214 covering that period of service.

4.  His last DD Form 214 covered the period 20 March 1979 through 31 October 1982.  During this period, he completed 11 months and 25 days of foreign service in Korea, which is properly annotated in the appropriate block.  His other foreign service in Panama and Korea was previously captured on the appropriate DD Form 214.

5.  The applicant's DD Forms 214 properly captured his foreign service as well as his inactive service.  There does not appear to be an error or an injustice.  Therefore, there is insufficient evidence to grant him the requested relief in this case.

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)                                         AR20100019706



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ABCMR Record of Proceedings (cont)                                         AR20100019706



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