IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120002744
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 block 12f (foreign service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty), dated
30 September 2006.
2. The applicant states that his DD Form 214, dated 19 December 2005, shows his foreign service; however, his DD Form 214, dated 30 September 2006, does not reflect his foreign service.
3. The applicant provides copies of his DD Forms 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. The applicant was serving in the Kansas Army National Guard (KSARNG) in the pay grade of E-7 when he was ordered to active duty in support of Operation Iraqi Freedom on 21 September 2004. He deployed to Iraq from 20050103 20051210 (11 months and 8 days) and he returned to Fort Sill, Oklahoma where he was honorably released from active duty (REFRAD) on 19 December 2005 to continue on active duty in another status. His DD Form 214 issued at the time of his REFRAD shows he had served 11 months and 8 days of foreign service.
3. On 20 December 2005 he entered active duty in the Active Guard Reserve (AGR) Program and served until he was honorably retired on 30 September 2006 due to sufficient service for retirement.
4. His DD Form 214 issued at the time of retirement incorrectly shows in block 12a (Date Entered Active Duty This Period) "20040920" instead of "200512920." This DD Form 214 also shows in block 12f that he had no foreign service.
5. A review of the available records failed to show the applicant performed foreign service during the period covered by his DD Form 214 dated
30 September 2006.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. It also provides that only foreign service performed during the period covered by the DD Form 214 will be entered in block 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214, dated 30 September 2006, should be corrected to reflect his foreign service in block 12f has been noted and appears to lack merit.
2. The applicable regulation provides that only service performed during the period covered by the DD Form 214 will be entered on that form and the applicant has failed to show through the available evidence that he performed foreign service during the period 20 December 2005 through 30 September 2006.
3. Therefore, in the absence of such evidence there appear to be no basis to grant his request.
4. The evidence shows the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
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 determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show in block 12a of his DD Form 214 ending on 30 September 2006 that he entered active duty this period on "2005 12 20" instead of "2004 09 20."
_______ _ __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) AR20120002744
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002744
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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