IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003259 


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 his overseas service and overseas ribbons.

2.  The applicant states that his DD Form 214 is incorrect due to clerical errors.

3.  The applicant provides:

* his DD Form 214
* documents related to his National Guard Service
* his DA Form 2-1 (Personnel Qualification Record - Part II)

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 enlisted in the U.S. Army Reserve (USAR) on 11 January 1990. He completed his training as a food service specialist and he remained in the USAR until he was discharged on 1 October 1991.

3.  He enlisted in the Regular Army on 2 October 1991 for duty as a food service specialist and assignment to Europe.  He was transferred to Baumholder, Germany on 22 October 1991 and he was assigned to an infantry company for duty as a cook.

4.  The applicant departed Germany on 10 January 1994 and he was transferred to Fort Dix, NJ where he was discharged on 11 January 1994 with a general discharge.  He completed 2 years, 3 months, and 11 days of net active service during this period of service, including 2 years, 2 months, and 18 days of foreign service.  Item 12f (Foreign Service) of his DD Form 214 does not reflect any foreign service; however, his DD Form 214 indicates the applicant was separated on temporary records and that a DD Form 215 (Correction to DD Form 214) would be issued to provide missing information.  His record further shows he was a single enlisted member during this period of service.

5.  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 for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  

7.  Army Regulation 614-30 (Overseas Service) prescribes policies pertinent to overseas permanent change of station (PCS) moves, overseas tour lengths, overseas tour curtailments, time-on-station, eligibility for overseas service criteria, and voluntary and involuntary overseas tour extensions.  It states Soldiers who have no family members in their households and who are not married will serve the accompanied tour in long tour areas.  It further states in:

	a.  Table 3–2 (Award of tour credit and adjustment of date eligible for return from overseas (DEROS)), rule 14, if a Soldier serves to normal expiration of term of service (ETS) and separates from the service or is given an early out through an Army program, then credit with a completed tour.
	b.  Appendix B-1 (Overseas tour lengths), to determine the overseas tour lengths for U.S. members of the DOD services (other than the Defense Attaché
Systems) refer to the Joint Federal Travel Regulation (JFTR), appendix Q (Outside Continental United States (OCONUS) Tour Lengths/Tours of Duty),
Part I:  DOD Service Members.

8.  The JFTR pertains to per diem, travel and transportation allowances, relocation allowances, and certain other allowances of Uniformed Service Active Duty and Reserve Component members.  Appendix Q, part I indicate for Germany the accompanied tour length is 36 months and the unaccompanied tour length is 24 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Germany for 2 years, 2 months, and 18 days.  Therefore, his DD Form 214 should be corrected to show this period of foreign service.

2.  The evidence of record shows the applicant was discharged with a general discharge prior to his normal ETS.  As a single Soldier at the time of his assignment in Germany his prescribed tour length was 36 months; however, he only completed 2 years, 2 months, and 18 days of overseas service.  As such, he did not meet the qualifying period of foreign service for entitlement to the OSR.  Therefore, there is no basis for granting this portion of his request.

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 for the period ending 11 January 1994 the entry “SEE Block 18” and replacing it with the entry "02  02  18."

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 correcting his DD Form 214 to show the Overseas Service Ribbon.



      ___________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)                                         AR20110003259



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ABCMR Record of Proceedings (cont)                                         AR20110003259



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