IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20120022766
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 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. The applicant states she completed four overseas tours and received the Overseas Service Ribbon; however, neither her overseas tour locations nor her foreign service are shown on her DD Form 214. She further contends that she is authorized the Korea Defense Service Medal.
3. The applicant provides her DD Form 214, DD Form 215 (Correction to
DD Form 214), and a letter from the Awards and Decorations Branch, U.S. Army Human Resource Command.
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 retired on 31 July 1998, after completing 20 years, 4 months, and 7 days of active service.
3. Her DA Form 2-1 (Personnel Qualification Record) shows in Item 5 (Oversea Service) the following assignments:
* Panama, 26 December 1978 - 11 November 1980
(1 year, 10 months, and 17 days)
* Germany, 28 March 1982 - 18 March 1985
(2 years, 11 months, and 19 days)
* Korea, 17 December 1987 - 14 May 1990
(2 years, 4 months, and 28 days)
* Japan, 29 July 1994 - 10 October 1996
(2 years, 2 months, and 12 days)
4. Item 12f of her DD Form 214 does not credit her with any foreign service.
5. 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.
6. Army Regulation 635-5 (Separation Document) governed the preparation of the DD Form 214. The regulation states to list all foreign service credit performed during the period covered by the DD Form 214 in Item 12f. The regulation in effect at the time did not provide for listing the name of the country and the inclusive dates.
DISCUSSION AND CONCLUSIONS:
1. Based on her DA Form 2-1 her foreign service time is as shown below:
Location Years Months Days
Panama 1 10 17
Germany 2 11 19
Korea 2 4 28
Japan 2 2 12
2. The sum of the applicant's foreign service equals 9 years, 5 months, and
16 days. As a result, it would be appropriate to amend item 12f of her DD Form 214 to show this amount.
3. There is no regulatory requirement to list the overseas location on the
DD Form 214; therefore, her overseas location should not be added.
4. In regard to her request to add the Korea Defense Service Medal, the applicant provided her DD Form 215 which shows this award was added to her DD Form 214, effective 16 November 2012; therefore, no correction is required.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 amending item 12f of her DD Form 214 to show "0009 05 16."
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 listing her overseas service locations on the DD Form 214.
_______ _ 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) AR20120022766
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022766
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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