IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120005078
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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a total of 3 years of foreign service.
2. The applicant states he just realized the total amount of his foreign service is incorrect. He would like a DD Form 215 (Correction to DD Form 214) to show the correct total of foreign service for his service in Panama. This will be used for personal pride as well as for seeking benefits. Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he left the 20th Infantry, Fort Clayton, Panama, for Fort Polk, LA, on 31 January 1984 and arrived at Fort Polk on 3 February 1984, thus making his tour of duty in Panama from 31 March 1982 to 31 January 1984.
3. The applicant provides Section VII of his DA Form 2-1 and 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 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's military record shows he enlisted in the Regular Army on 23 February 1979. He completed training and was awarded military occupational specialty 19D (Calvary Scout).
3. Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Panama from 31 March 1982 through 31 January 1984, a period of 1 year and 10 months.
Section VII of this form also shows he served in Panama from 31 March 1982 through 31 January 1984.
4. He served on active duty through two reenlistments until he was honorably discharged on 25 September 1985 at the expiration of his term of service. He was credited with completing 6 years and 6 months of net active service. Item 12f of his DD Form 214 shows he was credited with 1 year and 8 months of foreign service.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures regarding separation documents. The regulation specified that a DD Form 214 would be prepared for individuals who are retired, discharged, or released from active duty. Foreign service performed during the period covered by the DD Form 214 would be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show a credit of 3 years of foreign service has been noted. However, as he stated, the evidence of record shows he served in Panama from 31 March 1982 through 31 January 1984, a period of 1 year and 10 months. He was issued a DD Form 214 crediting him with 1 year and 8 months of foreign service. Therefore, he is entitled to correction to his DD Form 214 to show a credit of 1 year and 10 months of foreign service. Correction of item 12f does not require any adjustment to the other blocks in item 12 (Statement of Service).
2. There is no evidence of record and he provided none to show he completed 3 years of foreign service during his period of active duty from February 1979 to August 1985. Therefore, he is not entitled to correction of his DD Form 214 to show a credit of 3 years of foreign service.
3. In view of the foregoing, the applicant's records should be corrected as indicated below.
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 deleting the entry "01 08 00" from item 12f of his DD Form 214 and replacing it with the entry "01 10 00."
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 correction of item 12f of his DD Form 214 to show a credit of 3 years of foreign service.
__________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) AR20120005078
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005078
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120002024
On 28 June 1984, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. He was discharged on 3 August 1984 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a general discharge. As a result, the Board recommends denial of so much of the application that pertains to upgrading his general discharge to honorable or...
ARMY | BCMR | CY2009 | 20090003910
The applicant provides a copy of her DD Form 214 for the period ending 29 February 1984, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), National Archives (NA) Form 13038 (Certificate of Military Service), DA Form 2-1 (Personnel Qualification Record), three DD Forms 4 (Enlistment/Reenlistment Contracts), two military pay vouchers, one Leave and Earnings Statement, and a letter from the Board directing a change to her date of rank. This DD...
ARMY | BCMR | CY2011 | 20110013794
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal (AFEM) and Combat Infantryman Badge (CIB). The evidence does not support the applicant's request for correction of his DD Form 214 to show the CIB.
ARMY | BCMR | CY2013 | 20130008842
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal. His DD Form 214 shows in: * Item 12f (Foreign Service), he completed 3 years, 11 months, and 22 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the - * Bronze Star Medal * Army Commendation Medal...
ARMY | BCMR | CY2010 | 20100019706
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 October 1982 to: * show he had no inactive service * show he completed 5 years of foreign service in Panama and two 12-month tours in Korea 2. The DD Form 214 (Report of Separation from Active Duty) for this period of service shows he completed 1 month and 20 days of foreign service in Korea during the period covered by this DD Form 214. With respect to...
ARMY | BCMR | CY2009 | 20090003028
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct Social Security Number (SSN) as 289-xx-xxxx. He also requests that his DD Form 214 be corrected to show his service in Panama in support of Operation Just Cause and any and all awards pertaining to his Panama service.
ARMY | BCMR | CY2012 | 20120022766
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her foreign service in Item 12f (Foreign Service) * overseas tour locations * Korea Defense Service Medal 2. Her DD Form 214 does not show the Korea Defense Service Medal; however, she provided a DD Form 215 which shows the Korea Defense Service Medal was added to her list of authorized awards effective 16 November 2012. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090007463
The applicant requests, in effect, that his service in Korea be acknowledged on his 1989 DD Form 214 (Certificate or Release or Discharge from Active Duty). While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of ones overseas service on an individuals DD Form 214 at the time the applicant was discharged from the Army in 1989. The applicants tour of duty in Korea also qualifies him for award of the Overseas Service Ribbon.
ARMY | BCMR | CY2009 | 20090019555
The applicant's military personnel records show she enlisted in the USAR on 8 May 1984 for a period of 6 years. Item 2 (SSN) of her DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows her SSN as xxx-xx-6605. The applicant's enlistment document, orders for IADT and ADT, DARP Form 249, DD Form 214, and additional records throughout her military personnel record identify her with the SSN xxx-xx-6605.
ARMY | BCMR | CY2015 | 20150000077
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Armed Forces Expeditionary Medal with Arrowhead device and the Parachutist Badge with gold combat star. The evidence of record shows the applicant was awarded the Parachutist Badge prior to his service in Panama and that he was awarded the Armed Forces Expeditionary medal for his service in Panama. Department of the Army General Orders Number...