IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20100030176
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 he served in Seoul, Korea from March to May 1980.
2. The applicant states, in effect, in 1980, he participated in the Team Spirit military training exercise in Seoul, Korea while in a temporary duty (TDY) status.
3. The applicant provides pages 1 and 4 of his DA Form 2-1 (Personnel Qualification Record) and his DD Form 214, effective 24 May 1980.
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 25 May 1976.
3. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Germany from 28 February 1977 to 12 June 1979.
4. Item 35 (Record of Assignments) shows he was assigned to Company C, 440th Signal Battalion, Germany and the 19th Signal Detachment, Fort Huachuca, AZ during his period of service.
5. He was honorably released from active duty on 24 May 1980 after completing 4 years of active military service.
6. His records are void of documentation showing he participated in the Team Spirit military exercise in 1980.
7. The applicant provides two pages of his DA Form 2-1 in which he placed handwritten entries in items 5 and 35 stating he participated in Team Spirit for approximately 47 days from March to May 1980. The entry in item 35 indicates he was assigned to Fort Huachuca, AZ and he participated in the training exercise while in a TDY status.
8. 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 TDY status on the
DD Form 214. Total overseas service for the period covered by the DD Form 214 was to be recorded in item 12f (Foreign Service).
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form to show the foreign service that he completed in Korea between March and May 1980.
2. The available evidence does not show he participated in the Team Spirit training exercise in Korea.
3. The regulations governing the preparation of the DD Form 214 and the DA Form 2-1 does 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 the exercise and a roster of personnel authorized to travel with the unit would have been attached to the orders. Further, the applicant may have received an award for his participation in this exercise. If the applicant is able to locate these documents, he may use them as evidence of his service in Korea.
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.
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