IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20110025024
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 deployment to South Korea for Exercise Team Spirit from March to April 1983.
2. The applicant states his DD Form 214 does not show his deployment to South Korea for Exercise Team Spirit from March to April 1983 and it is affecting his claim for Department of Veterans Affairs (VA) benefits.
3. The applicant provides:
* a one-page letter explaining his application
* his DD Form 214
* two pages of his DA Form 2-1 (Personnel Qualification Record)
* Orders 132-602, issued by Headquarters, 7th Infantry Division, Fort Ord, CA, dated 9 July 1982
* Orders 076-8, issued by the same headquarters, dated 18 April 1985
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. The applicant enlisted in the Regular Army on 19 March 1982 for a period of 4 years, training as an indirect fire infantryman in military occupational specialty (MOS) 11C, and a cash enlistment bonus. He completed his basic training at Fort Knox, KY and his advanced individual training (AIT) at Fort Ord. He remained assigned to Fort Ord after his AIT.
3. He was assigned to Korea from 15 March 1984 to 15 March 1985 and was returned to Fort Ord on 24 April 1985, where he remained until he was honorably released from active duty (REFRAD) on 20 March 1986 due to the expiration of his term of service. He completed 4 years of creditable active service. The DD Form 214 he was issued at the time of his REFRAD shows he completed 1 year and 1 day of foreign service.
4. A review of his official record failed to reveal any information related to the applicants deployment to Korea for Exercise Team Spirit.
5. Army Regulation 640-2-1 (Personnel Qualification Records) served as the authority for the preparation and maintenance of the DA Form 2-1. It provided, in pertinent part, that foreign service in a temporary duty (TDY) status of 45 days or more would be entered in block 5 (Overseas Service) of the DA Form 2-1.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that only overseas service performed during the period covered by the DD Form 214 will be entered on the DD Form 214. Information will be obtained from the DA Form 2-1 and official records.
7. Team Spirit exercises were conducted between 1976 and 1993 by U.S. and South Korean militaries. The exercises were usually held in late March and lasted for a duration of 30 days.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants contention that he participated in Exercise Team Spirit 83 is not in doubt, his records do not confirm and he has not provided any evidence to support his contention.
2. Additionally, the evidence of record does not show and he has not provided any evidence to show he participated in the exercise for 45 days or more to qualify for a permanent entry of overseas credit.
3. While there were no provisions for entering short-term deployments for training exercises on the DD Form 214, there is insufficient evidence to grant him any additional foreign service credit on his DD Form 214. In addition, there is no evidence to show participation in Exercise Team Spirit was performed in a deployment, rather than a temporary duty, status.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110025024
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ABCMR Record of Proceedings (cont) AR20110025024
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