IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002883
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 the dates of his tour in Korea.
2. The applicant states he needs the dates annotated on his DD Form 214 to receive tenure time in his current position.
3. The applicant provides a copy of his Enlisted Record Brief (ERB) and Army Commendation Medal (ARCOM) certificate.
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 24 January 1985.
3. On 31 January 2005, the applicant was retired by reason of sufficient service for retirement. He completed 20 years and 7 days of creditable active service. The DD Form 214 he was issued at the time shows in:
* block 12(c) (Net Active Service This Period) the entry "0020 00 07"
* block 12(f) (Foreign Service) the entry 0007 05 14
* block 18 (Remarks) the entry "Soldier Served in Operation Enduring/Iraqi Freedom from 20030217 thru 20030730"
4. The applicant provides a copy of his ERB that shows he completed a short tour of duty in Korea in November 2002 and two long tours of duty in Germany in 1996 and 1999, respectively. The applicant also provides a copy of an ARCOM certificate that shows he was awarded the ARCOM for meritorious service while serving as a shop foreman with Headquarters and Headquarters Company,
2nd Battalion, 9th Infantry Regiment, 2nd Infantry Division, Camp Casey, Korea for the period 15 November 2001 through 13 November 2002.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. It states:
a. for block 18, use this block for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized), and 14 (Military Education).
b. for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service In (Name of Country Deployed) From (Inclusive Dates for Example, YYYYMMDD -
YYYYMMDD)."
6. Army Regulation 635-5 does not provide for listing permanent change of station (PCS) moves on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the dates of his foreign service tour in Korea should be reflected on his DD Form 214.
2. The Army regulation governing the preparation of separation documents at the time of his discharge only provides for annotating deployed service on a
Soldier's DD Form 214, such as his deployment in support of Operation Enduring/Iraqi Freedom. His tours of duty in Korea and Germany were not deployments, but rather permanent change of station moves.
3. 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) AR20130002883
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ABCMR Record of Proceedings (cont) AR20130002883
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