BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022869
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1985 to show:
* he entered the Armed Forces on 6 January 1972
* he served two tours of duty in South Korea
* his total service of 13 years, 8 months, and 5 days
2. The applicant states the Fort Monmouth Personnel Records Office made an error.
3. The applicant provides his DD Form 214 for the period ending 30 September 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's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) on 26 January 1972 for a period of 3 years.
3. On 6 October 1974, he was honorably discharged for the purpose of immediate reenlistment in the RA. The DD Form 214 he was issued at the time shows in:
* item 9b (Station or Installation at Which Effected) the entry "Camp Humphreys, Korea APO 96271"
* item 18a (Net Active Service This Period) the entry "02 08 08," indicating he completed 2 years, 8 months, and 8 days of service this period
* item 18c (Total Active Service) the entry "02 08 08"
* item 12f (Foreign and/or Sea Service This Period) the entry "00 11 07," indicating he completed 11 months and 7 days of foreign service this period
4. On 7 October 1974, he reenlisted in the RA and on 6 July 1977, he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows in:
* item 18a the entry "02 09 00"
* item 18b (Prior Active Service) the entry "02 08 08"
* item 18c (Total Active Service) the entry "05 05 08"
* item 18f the entry "00 00 23" indicating he completed 23 days of foreign service this period
* item 27 (Remarks) the entry "Last overseas area: Korea"
5. On 7 July 1977, he again reenlisted in the RA. He continued to serve until
30 September 1985, at which time he was discharged under honorable conditions. The DD Form 214 he was issued at the time shows in:
* item 12a (Date Entered Active Duty This Period) the entry "77 07 07"
* item 12b (Separation Date This Period) the entry "85 09 30"
* item 12c (Net Active Service This Period) the entry "08 02 24"
* item 12d (Total Prior Active Service) the entry "05 05 11"
* item 12f (Foreign Service) the entry "01 00 29"
6. The applicant's record contains a DA Form 2-1 (Personnel Qualification Record) that shows in item 5 (Oversea Service) he served in Korea from
30 October 1973 through 28 October 1974 and from 23 June 1981 through
12 June 1982.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states for:
a. Item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued
b. Item 12b, enter the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of time lost, or retained on active duty for the convenience of the Government.
c. Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b.
d. Item 12d, obtained from previously-issued DD Forms 214, enter the total amount of prior active military service less time lost, if any.
e. Item 12f, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant initially enlisted in the RA on 26 January1972 and he was honorably discharged on 6 October 1974. He completed 2 years, 8 months, and 11 days of creditable active military service, of which 11 months and 7 days were foreign or sea service during this period of initial enlistment and he was issued a DD Form 214 to document this period of service. A copy of this DD Form 214 will be provided to him.
2. The evidence further shows the applicant reenlisted in the RA on 7 October 1974 and he was honorably discharged on 6 July 1977. He completed 2 years
and 9 months of creditable active military service, of which 23 days were foreign or sea service during this period of service and he was issued a DD Form 214 to document this period of service. A copy of this DD Form 214 will be provided to him as well.
3. The evidence finally shows the applicant reenlisted in the RA on 7 July 1977 and he continued to serve until he was discharged under honorable conditions on 30 September 1985, which is correctly shown on his DD Form 214. During this period of service he completed an additional 1 year and 29 days of foreign service.
4. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. There are no provisions to consolidate two or more periods of service into one DD Form 214.
5. The applicant was issued three separate DD Forms 214 for each of his reenlistment periods. His first DD Form 214 correctly reflects his initial date of entry on 26 January 1972 as verified by his DD Form 4 of record. His last
DD Form 214 correctly shows he entered active duty this period on 7 October 1974. His last DD form 214 further shows by adding item 12c and 12d, he completed 13 years, 8 months, and 5 days of total active service as claimed by the applicant.
6. The available evidence also shows he completed two tours of duty in Korea. However, there is no provision in the regulation to list the specific country of foreign service in item 12f or elsewhere on the DD Form 214.
7. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_X___ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20120022869
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ABCMR Record of Proceedings (cont) AR20120022869
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