IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100020871
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates and location of his foreign service.
2. The applicant states he participated in Rapid Deployment Joint Task Force Exercise Bright Star 82, conducted in the vicinity of Cairo West Air Base, Cairo, Egypt from 4 November to 5 December 1981.
3. The applicant provides a copy of his DD Form 214, a 548th Supply and Service Battalion Certificate of Appreciation, and a Department of the Army Certificate of Achievement.
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 enlisted in the Regular Army on 30 October 1979. He was trained and served in military occupational specialty (MOS) 64C (Motor Transport Operator).
3. Item 5 (Oversea Service) of the applicants DA Form 2-1 (Personnel Qualification Record) is blank.
4. The applicant's Official Military Personnel File (OMPF) contains a Certificate of Appreciation and a Certificate of Achievement presented to him for exemplary performance during Rapid Deployment Joint Task Force Exercise Bright Star 82, conducted in the vicinity of Cairo West Air Base, Cairo, Egypt from 4 November to 5 December 1981. A copy of these certificates was also provided by the applicant.
5. On 29 October 1982, the applicant was honorably released from active duty by reason of expiration term of service. The DD Form 214 issued to him at that time shows he completed 3 years of creditable active service. Item 12f (Foreign Service) contains the entry 00 00 00, which indicates he performed no foreign service during the period covered by the DD Form 214.
6. The applicants DD Form 214 also shows, in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:
* Army Good Conduct Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Driver Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for:
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 (Remarks), for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
8. A "deployment" is a tour in an area that is not a designated tour (e.g., Iraq, but not Germany), and not a training exercise (e.g., Team Spirit), and not Stateside. A deployment will usually be a movement undertaken in a temporary change of station (TCS) status, either individually or with one's unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants DA Form 2-1 does not include an entry showing he completed any oversea service. However, his OMPF shows he served in support of a Joint Task Force exercise in Cairo, Egypt from 4 November to 5 December 1981. As a result, item 12f of his DD Form 214 should be corrected to show he completed
1 month and 2 days of foreign service.
2. During the applicants service on active duty, there were no regulatory provisions to show periods of deployment on the DD Form 214. Additionally, the applicant participated in an exercise (emphasis added) in Cairo, Egypt and not a deployment. Therefore, there is no basis to correct his DD Form 214 to specifically document the location and actual dates of his service in Cairo, Egypt.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 deleting from item 12f of his DD Form 214 the entry "00 00 00" and replacing it with the entry "00 01 02."
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 the location of his deployment and the period of service of that deployment 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) AR20100020871
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ABCMR Record of Proceedings (cont) AR20100020871
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