IN THE CASE OF:	

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110017922 


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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 August 1998, to show his previous foreign service and to show he served a total of 22 years.

2.  The applicant states his DD Form 214 does not include his foreign service or his entire period of service (22 years).

3.  The applicant provides his DD Form 214 and his National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement).

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 Regular Army on 14 February 1967.  He completed training and was awarded military occupational specialty 62B (Engineer Equipment Repairer).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served overseas on 2 occasions.  He served in:

* Germany from on or about 5 February 1968 to 5 September 1968
* the Republic of Vietnam from on or about 19 October 1968 to 15 October 1969

4.  On 18 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows he completed 2 years, 8 months, and 5 days of total active service during this period of enlistment, including 1 year, 6 months, and 26 days of foreign service.

5.  Letter Orders Number 01-1011518, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 17 January 1973, discharged him from the USAR effective 1 February 1973.

6.  On 8 October 1977, he enlisted in the Pennsylvania Army National Guard (PAARNG), and on 27 July 1983, he entered active duty in an Active Guard Reserve (AGR) status.  

7.  On 2 August 1998, he was honorably retired from active duty, by reason of temporary disability.  His DD Form 214 contains the following entries:

   a. Item 12a (Date Entered Active Duty This Period) shows he entered active duty on 27 July 1983.

   b. Item 12b (Separation Date This Period) shows he was separated on         2 August 1998.

   c. Item 12c (Net Active Service This Period) shows he completed 15 years and 6 days of net active service during this period of active duty.

   d. Item 12d (Total Prior Active Service) shows he completed 2 years, 
11 months, and 15 days of prior active service.

   e. Item 12e (Total Prior Inactive Service) shows he completed 8 years,         9 months, and 22 days of prior inactive service.

   f. Item 12f (Foreign Service) shows he completed no foreign service during this period of active duty.

8.  He provides his NGB Form 23B, which shows he served in the PAARNG, as a unit member not on active duty, from 8 October 1977 to 26 July 1983, the day prior to his entry on active duty in an AGR status.  This form further shows he was credited with completion of 3 months and 10 days of active service while in this capacity.

9.  Army Regulation 635-5 (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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Chapter 2, contains guidance on the preparation of the DD Form 214.  It states that extreme care is used when completing item            12 (Record of Service), since certain post-service benefits are based on this information.   A summary of the entries in item 12 is as follows:

   a. Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214.

   b. Item 12b shows the Soldier's separation date.  

   c. Item 12c shows the amount of service this period, computed by subtracting item 12a from item 12b.  

   d. Item 12d shows the total amount of prior active service and is obtained from previously-issued DD Forms 214 or other applicable source documents.  It shows the total amount of prior active military service less lost time, if any.  

   e. Item 12e shows the total amount of inactive service, and is obtained from previously-issued DD Forms 214 or other applicable source documents.  It shows the total amount of inactive military service, if any.  

   f. Item 12f shows the total amount of foreign service completed during the Soldier's current continuous period of active service, entered as "YYYY MM DD." 





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214, for the period ending 2 August 1998, should be corrected to show his previous foreign service.

2.  The evidence of record shows he performed foreign service during his first period of enlistment, which is reflected on his first DD Form 214 covering the period 14 February 1967 through 18 October 1969.  A copy of this DD Form 214 will be provided to him.

3.  Army regulations state that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The evidence of record does not substantiate his performance of foreign service during the period of his most recent period of continuous active duty; therefore, his DD Form 214 from the period ending 24 August 1998 accurately reflects no foreign service and there is no basis for granting this portion of the requested relief.

4.  The applicant further contends his DD Form 214 should be corrected to show he served a total of 22 years.  The evidence of record shows he served 2 years, 8 months, and 5 days of active service prior to his separation from active duty in 1969, and 3 months and 10 days of active service during his service with the PAARNG, prior to entering active duty in an AGR status.  These periods of active duty, when added together, equal 2 years, 11 months, and 15 days of prior active service – the exact amount of service reflected in item 12d of his DD Form 214.  Accordingly, his prior active service calculation is correct and there is no basis for granting this portion of the requested relief.
 
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 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)                                         AR20100019706



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017922



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1