IN THE CASE OF: 

	BOARD DATE: 22 March 2012

	DOCKET NUMBER:  AR20110017886


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 correct prior active service and all of his foreign service if item 12f (Foreign Service) is cumulative.

2.  The applicant states that when he was released from active duty and issued his DD Form 214 upon demobilization, the personnel clerk stated she was unable to make out the dates on his first DD Form 214 and, therefore, could not include the active duty time, even though the time was shown on previous DD Forms 214.  He was informed he would have to request a DD Form 215 (Correction to DD Form 214) to have his prior active service time included.

3.  The applicant provides copies of four DD Forms 214 and various reassignment and separation orders.

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, a U.S. Army Reserve Soldier, last entered active duty on 25 June 2008.

3.  He was released from active duty on 9 August 2009.  His DD Form 214 shows in:

	a.  item 12d (Total Prior Active Service) – "0001  01  15" (indicating 1 year, 1 month, and 15 days),

	b.  item 12f (Foreign Service) – "0002  06  01" (indicating 2 years, 6 months, and 1 day of foreign service), and

	c.  item 18 (Remarks) – "SERVICE IN KUWAIT/IRAQ 20080819-20090609" (9 months and 21 days).

4.  In support of his request, the applicant provides:

	a.  his DD Form 214 for the period 14 April 1992 to 14 April 1994 showing in:

		(1)  item 12c – (Net Active Service this Period) "02  00  01" (indicating 2 years and 1 day),

		(2)  item 12d – "00  00  00" (indicating no prior active service), and

		(3)  item 12f – "01  06  05" (indicating 1 year, 6 months, and 5 days);

	b.  orders showing he was assigned to Fort Sill, OK, on 14 April 1992, reassigned to Germany on 13 October 1992, and reassigned to Fort Jackson, SC, on 14 April 1994 for separation;

	c.  his DD Form 214 for the period 24 June 1996 to 18 March 1997 showing in:

		(1)  item 12c – "0000  08  25" (indicating 8 months and 25 days),

		(2)  item 12d – "0002  00  01" (indicating 2 years and 1 day),

		(3)  item 12f – "000  07  17" (indicating 7 months and 17 days), and

		(4) item 18 – "SERVICE IN GERMANY FROM 960702 TO 970218" (a period of 7 months and 17 days); and

	d.  his DD Form 214 for the period 5 September 2005 to 6 November 2006 showing in:

		(1)  item 12c – "0001  02  02" (indicating 1 year, 2 months, and 2 days),

		(2)  item 12d – "0002  08  26" (indicating 2 years, 8 months, and 26 days),

		(3)  item 12f – "0001  00  21" (indicating 1 year and 21 days), and

		(4)  item 18 – "SERVICE IN KUWAIT/IRAQ 18 SEPTEMBER 2005-8 OCTOBER 2006" (a period of 1 year and 21 days).

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  item 12c – enter amount of service this period, computed by subtracting item 12a from item 12b;

	b.  item 12d – enter total amount of prior active military service less lost time, if any, from previously-issued DD Forms 214.  If not applicable, enter "00  00  00"; and

	c. item 12f – enter the total amount of foreign service completed during the period covered in item 12c from the Enlisted Record Brief/Officer Record Brief.

DISCUSSION AND CONCLUSIONS:

1.  The ABCMR does not have access to his complete military service record in order to properly compute his prior active and inactive service.  The U.S. Army Human Resources Command (HRC) has access to the applicant's complete military service record; as such, HRC is the appropriate agency to issue a DD Form 215 reflecting the amendments the applicant desires.

2.  The governing regulation only allows for foreign service completed during the period covered by the DD Form 214 to be entered in item 12f.  Therefore, the applicant's request to add all of his foreign service to his last DD Form 214 should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 directing the HRC Service Center to compute his total prior active service and his total prior inactive service and issue him a DD Form 215 to amend his DD Form 214 for the period ending 29 August 2009 to reflect the correct prior active and prior inactive service.

2.  The Board further determined 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 entering all of his foreign service in item 12f of his DD Form 214 for the period ending 9 August 2009.



_____________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)                                         AR20070015723



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ABCMR Record of Proceedings (cont)                                         AR20110017886



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