IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019380
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 his foreign service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 November 1987 be corrected to show he served 22 months overseas.
2. The applicant states he actually spent 22 months in Coleman Kaserne, Gelnhausen, West Germany. His DD Form 214 shows his foreign service as
1 year, 5 months, and 9 days (01 05 09).
3. The applicant provides 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. He enlisted in the Regular Army on 8 November 1984. He completed basic combat and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 26 May 1986 to 5 November 1987.
4. On 5 November 1987, he was released from active duty. He completed
2 years, 11 months, and 28 days of active service. His DD Form 214 provides the following information:
* Item 12c (Net Active Service This Period) shows his period of service as
2 11 28 (2 years, 11 months, and 28 days)
* Item 12f (Foreign Service) shows his foreign service as 1 5 9 (1 year,
5 months, and 9 days)
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. It directed that foreign service performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 would be entered in
item 12f.
6. Department of Defense Financial Management Regulation 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month. When subtracting the beginning day of service from the ending date of service 1 day is added to account for inclusive date.
DISCUSSION AND CONCLUSIONS:
1. His DA Form 2-1 shows his overseas service in Germany from 26 May 1986 to 5 November 1987. His foreign service is computed as:
87 11 05
- 86 05 26
01 05 09
+ 01
Inclusive date
01 05 10
Foreign service
2. There is no evidence in his military records, and he has submitted no evidence to show he served 22 months in Germany.
3. However, in view of the above it would be appropriate to amend his
DD Form 214 to show he had 1 year, 5 months, and 10 days of foreign service.
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 amending Item 12f of his DD Form 214 to show 1 5 10 instead of 1 5 9.
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 foreign service in excess of
1 year, 5 months, and 10 days.
_______ _ _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) AR20110019380
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ABCMR Record of Proceedings (cont) AR20110019380
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