IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021737 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her awards and service in Germany.

2.  The applicant states she was home on leave due to a parenthood problem when her DD Form 214 was issued.  The U.S. Postal Service has requested verification of her records in concert with her retirement.

3.  The applicant provides no supporting documentation.

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 is shown to have had 12 days of inactive service under the Delayed Entry Program (DEP) prior to entering active duty.  She enlisted in the Regular Army on 2 September 1975, completed training, and was awarded military occupational specialty 94B (Food Service Specialist).  

3.  She reenlisted on 7 April 1978.  The DD Form 214 issued at that time shows:

* 11 months and 11 days of overseas service in Korea
* no authorized awards or decorations  
* no full time military education courses completed

4.  She was promoted to staff sergeant effective 20 May 1981.

5.  On 26 March 1982, she was honorably discharged for parenthood due to a problem with her child care provider.

6.  The applicant's 26 March 1982 DD Form 214 provides the following at:

* item 12a (Date Entered AD This Period) 78  04  07
* item 12c (Net Active Service This Date) 03  11  20
* item 12d (Prior Active Service)  02  07  06
* item 12e (Foreign Service),  00  00  00
* item 13 (Decorations, Medals, Badges) "See item #18"
* item 14 (Military Education) "See item #18"
* Item 18 (Remarks) "Separated from Service on temporary records and Soldier's affidavit."  DD Form 215 (Correction to the DD Form 214) will be issued to provide missing information

7.  The record does not indicate that a DD Form 215 was issued.

8.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows:

	a.  enlistment on 2 September 1975 with continuous active duty service until her discharge on 26 March 1982;

	b.  service in Korea from 10 January 1977 through 21 December 1977 (11 months and 11 days) and in Germany from 21 March 1980 through 13 March 1982 (1 year, 11 months, and 22 days);

	c.  award of the Good Conduct Medal (2nd award), Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar; and
	d.  completion of the Food Service Specialist course (4 weeks, 1976) and the Primary Leaders Course (PLC) (4 weeks, 1980).

9.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  At that time it provided the following:

	a.  Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment.  This practice was stopped effective 1 October 1979.  

	b.  The total amount of foreign service completed during the period covered by the DD Form 214 is entered in block 12c and the country of the last period of overseas service was to be entered on the form;

	c.  All awards and decorations for all periods of service are to be verified by the Soldier's records and listed in priority sequence.  Abbreviations are not to be used; and

	d.  list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was never issued a DD Form 215 to provide the missing information on her DD Form 214 for the period ending 26 March 1982.  It is appropriate to correct this error.

2.  The applicant served in Germany for 1 year, 11 months, and 22 days.  This figure should be added to her DD Form 214 for the period ending 26 March 1982 at item 12f and the country of service entered at item 18.

3.  The applicant was awarded the Good Conduct Medal (2nd award), Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  It is appropriate to add these awards to her DD Form 214 for the period ending 
26 March 1982 at item 13.

4.  In addition to the awards shown on her DA Form 2-1, the applicant is also authorized award of the Korea Defense Service Medal.  

5.  The applicant attended two full time courses that should have been recorded her DD Form 214.  Her food services course should have been entered on her first DD Form 214 and the PLC on the second DD Form 214.  Rather than issue two DD Forms 215 it is appropriate, as an exception to policy, to list both courses on her second DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 issuing the applicant a DD Form 215 to include the following missing information on her DD Form 214 for the period ending 26 March 1982 at:

	a.  item 12f: 1 year, 11 months, and 22 days;

	b.  item 13: Good Conduct Medal (2nd award), Korea Defense Service Medal, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar;

	c.  item 14: Food Service Specialist course (4 weeks, 1976) and the Primary Leaders Course (4 weeks, 1980); and
	d.  item 18 Last Overseas Service: Germany.



      _______ _   _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)                                         AR20120021737





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ABCMR Record of Proceedings (cont)                                         AR20120021737



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