IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100026674
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 his DD Form 214 (Certificate of Release or Discharge from the Active Duty) be corrected to show he served two tours of duty in Korea. In addition, he requests a copy of his DD Form 214 effective in 1978.
2. The applicant states he served in Korea from 16 February 1978 to 26 February 1979 and from 14 April 1981 to 9 April 1982. He is unable to get credit for these tours on his Standard Form 813 (Verification of a Military Retiree's Service in Non-wartime Campaigns or Expeditions) which affects the computation of his annual leave accrual rate and reduction-in-force for his Department of the Army civilian job.
3. The applicant provides his DD Form 214 for the period ending 31 January 1996, his DA Form 2-1 (Personnel Qualification Record), and a blank Standard Form 813 with instructions.
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 is a retired Regular Army sergeant first class. The effective date of his retirement was 31 January 1996.
3. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in the following locations:
* Korea, 16 February 1978-26 February 1979
* Korea, 14 April 1981-9 April 1982
* Germany, 26 February 1989-4 November 1992
4. The DD Form 214 he received upon retirement shows 4 years, 10 months, and 24 days in item 12f (Foreign Service).
5. His official military personnel file contains a DD Form 214 for the period 31 July 1975 to 7 December 1978. This DD Form 214 shows he served in Korea from 16 February 1978 to 7 December 1978.
6. The applicant submits a DD Form 214 for the period ending 31 January 1996 with a hand-written correction in item 12f indicating he completed 5 years and 10 months of foreign service.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214 and states:
a. foreign service performed during the period covered by the DD Form 214 will be entered in item 12f;
b. 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); and
c. do not issue DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 for the period ending 31 January 1996 be corrected to show his two tours of duty in Korea. In addition, he requests a copy of his DD Form 214 for the period ending 7 December 1978.
2. The records show he served two tours in Korea; however, these tours were the result of a permanent change of station and not deployment. The governing regulation at the time of his retirement provides that only deployments are shown in item 18 of the DD Form 214. Therefore, this portion of his request should be denied.
3. His record does contain the DD Form 214 for the period 31 July 1975 to 7 December 1978 requested by the applicant. Therefore, he should be furnished a copy of this DD Form 214.
4. As a matter of clarification for the applicant's hand-written entry on his DD Form 214 for the period ending 31 January 1996, the governing regulation provides that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f. The evidence confirms he served two tours of duty in Korea, of which 1 year, 2 months, and 15 days were covered by his DD Form 214 for the period ending 31 January 1996. He also served in Germany for 3 years, 8 months, and 9 days. His total foreign service covered by the DD Form 214 for the period ending 31 January 1996 was 4 years, 10 months, and 24 days. The entry in item 12f is correct.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
However, he should be provided a copy of his DD Form 214 for the period 31 July 1975 to 7 December 1978.
_______ _ 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) AR20100026674
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ABCMR Record of Proceedings (cont) AR20100026674
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