IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012783
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 he completed 18 months of foreign service in Germany.
2. The applicant states he departed the United States enroute to Germany on
18 January 1984 and returned to the United States on 14 July 1985; therefore, he served 18 months in Germany.
3. The applicant provides:
* DD Form 214
* an extract of his DA Form 2-1 (Personnel Qualification Record Part II)
* Orders 18-28, issued by Headquarters, 21st Replacement Battalion, dated 18 January 1984
* DA Form 2496 (Disposition Form), dated 23 May 1985
* Orders 74-3, issued by the 178th Personnel Service Company, dated 1 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 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 16 August 1983. He completed initial entry training and was awarded military occupational specialty 91B (Medical Specialist). Upon the completion of his initial entry training, he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 69th Armor Regiment, 3rd Infantry Division in Germany.
3. Item 5 (Oversea Service) of his DA Form 2-1 shows he served 2 periods of overseas service in:
* Germany, from on or about 18 January 1984 through on or about 14 July 1985, a period of 1 year, 5 months, and 27 days
* Alaska, from on or about 20 November 1986 through on or about 16 March 1988, a period of 1 year, 3 months, and 27 days
4. On 16 March 1988, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 confirms he completed 4 years, 7 months, and 1 day of net active service during this period of enlistment. Item 12f (Record of Service Foreign Service) of his DD Form 214 shows he completed 1 year, 3 months, and 27 days of foreign service.
5. 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 the standardized policy for preparing and distributing the DD Form 214. It states 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. It is important that information entered on the form should be complete and accurate. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states that item 12f would show the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed an overseas tour in Germany, from on or about 18 January 1984 through on or about 14 July 1985, and another in Alaska from on or about 20 November 1986 through on or about 16 March 1988.
2. It appears his DD Form 214 only reflects his service in Alaska; therefore, it would be appropriate to amend his DD Form 214 to show both periods of overseas service.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for 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 delete the entry "01-03-27" and replacing it with the entry "02-09-24."
_____________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) AR20100017975
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ABCMR Record of Proceedings (cont) AR20120012783
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