IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110001172
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 foreign service be annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served 4 years, 11 months, and 28 days of foreign service; this service is not recorded on his retirement DD Form 214.
3. The applicant provides two DD Forms 214:
* one for the period 19821129-19851128
* one for the period 19880416-19940131
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 is a retired Sergeant First Class (SFC/E-7) with 20 years and 7 days of creditable active Federal service. His active Federal service is as follows:
* Regular Army 19691020-19721010
* Regular Army 19741009-19770807
* Regular Army 19821129-19851128
* Active Guard Reserve 19880416-19940131
During his Active Guard Reserve service, he was assigned to the U.S. Army Recruiting Battalion, Cincinnati, OH.
3. The applicant's last Regular Army DD Form 214 shows, in Item 12f (Foreign Service), he served 4 years, 11 months, and 23 days of foreign service.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and provides:
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. Instructions for completing Item 12f state, "From the ERB/ORB [Enlisted Record Brief/Officer Record Brief], enter the total amount of foreign service completed during the period covered in block 12c [emphasis added].
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his retirement DD Form 214 for the period 19880416-19940131 be corrected to show his foreign service.
2. The applicant's foreign service was completed during his three prior Regular Army tours; he completed no foreign service during his Active Guard Reserve tour.
3. Army Regulation 635-5 states the DD Form 214 is a "
summary of a Soldier's most recent period of continuous active duty." Item 12f will only reflect foreign service completed during the period covered by the DD Form 214.
4. The applicant completed no foreign service during the period covered by his retirement DD Form 214. Item 12f is correct as currently completed.
5. The applicant's Regular Army DD Form 214 for the period 19821129-19851128 is incorrect. The applicant served a total of 3 years on active duty, yet Item 12f shows he served 4 years, 11 months, and 23 days (of that 3-year period) as foreign service.
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) AR20110001172
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