IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010122
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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 9 April 1986 to show he served in El Salvador and Lebanon.
2. He states that he was on active duty during the campaign of El Salvador from January 1981 to February 1992 and of Lebanon from June 1983 to December 1987. This information is not shown on his DD Form 214.
3. He provides a copy of his DD Form 214.
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. His military records show he enlisted in the Delayed Entry Program on 18 January 1984. He enlisted in the Regular Army on 23 February 1984. He completed training and was awarded military occupational specialty 63S (Heavy Weight Vehicle Mechanic).
3. His DA Form 2-1 (Personnel Qualification Record - Part II), Item 5 (Overseas Service) shows he served in Germany from 16 August 1984 through 18 April 1986, a period of 1 year, 7 months, and 23 days.
4. He was discharged in pay grade E-2 on 9 April 1986 with a general discharge. He was credited with completion of 2 years, 1 month, and 17 days of net active service and 1 month and 5 days of net prior inactive service. His DD Form 214 shows the following entries:
a. Item 12f (Foreign Service) shows a credit of 1 year, 7 months, and 23 days of foreign service;
b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the Army Service Ribbon; and
c. Item 18 (Remarks) does not does not contain an entry for any country and dates of deployment.
5. Army Regulation 635-5 (Separation Documents), then in effect, specified a DD Form 214 would be prepared for individuals who were retired, discharged, or released from active duty. It stated foreign service performed during the period covered by the DD Form 214 would be entered in Item 12f. The regulation also stated the amount of foreign service would be taken from the Soldier's DA Form 2-1, or, if necessary, verified from the Soldier's military personnel records jacket. Around 1992, the regulation was amended to provide that Item 18 would list the country and dates of deployment.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 23 February 1984. He served in Germany for a period of 1 year, 7 month, and 23 days. He was discharged on 9 April 1986 and issued a DD Form 214 properly crediting him with 1 year, 7 months, and 23 days of foreign service in Item 12f.
2. There is no evidence of record and he has provided none to show he served in El Salvador and Lebanon during his period of active duty covered by the DD Form 214 ending on 9 April 1986. Therefore, he is not entitled to correction to Item 18 on his DD Form 214 to show he was deployed to El Salvador and Lebanon.
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) AR20110010122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110010122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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