IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110006456
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 of Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 Report of Separation and Record of Service) to show his foreign service performed in Italy from 2002 to 2003.
2. The applicant states the "Record of Service" entries shown in items 10 and 12 of his DD Form 214 and NGB 22, respectively, should be corrected to show his foreign service:
3. The applicant provides a copy of:
* DD Form 214
* active duty order
* NGB Form 22
* two discharge orders
* two amendment orders
* two release from active duty (REFRAD) orders
* assignment order
* deployment order
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. With respect to his request for correction of his NGB Form 22, paragraph 2-5, section II, Army Regulation 15-185, the regulation under which this Board operates, states the Board will not consider any application if it determines all administrative remedies available have not exhausted. There is no evidence the applicant submitted his request to the Chief, National Guard Readiness Center (NGB-ARP-DA), 111 South George Mason Drive, Arlington, VA 22204-1382 or the State Adjutant General, for correction of his NGB Form 22, which is required prior to seeking relief from this Board. As a result, this portion of the requested relief will not be further discussed.
3. The applicant's military record shows, while a member of the Pennsylvania Army National Guard (PAARNG), he was ordered to active duty in support of Operation Enduring Freedom (OEF). He entered active duty on 25 June 2002.
4. On 4 February 2003, the applicant was honorably REFRAD, after having completed 7 months and 10 days of creditable active duty service. The DD Form 214 issued at that time includes the following two entries in the items indicated:
* Item 12f (Foreign Service) - "0000 00 00"
* Item 18 (Remarks) - "SERVICE IN ITALY 20020717 TO 20030129"
5. The applicant provides Department of Military Affairs, The Adjutant General, Orders Number 122-755 dated 20 June 2002. It shows he was ordered to active duty for the purpose of OEF and directed to report to his home station on 25 June 2002.
6. He also provides Headquarters, 1st Battalion, 103rd Armor, Orders Number 043-025 dated 12 February 2003. It directed his REFRAD on 4 February 2003.
7. 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant contends his foreign service in Italy should be documented in item 12f of his DD Form 214. Item 18 of his DD Form 214 shows he served in Italy from 17 July 2002 to 29 January 2003, thereby confirming his completion of 6 months and 13 days of foreign service. As a result item 12f of his DD Form 214 should be corrected accordingly.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12f of his DD Form 214 to show "0000 06 13" and issuing him a correction to his DD Form 214 to reflect this change.
_______ _ __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) AR20110004939
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110006456
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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