IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004489
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 item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1995 to include her service in Vietnam from 25 June 1970 to 22 June 1971.
2. The applicant states item 12f of her DD Form 214 shows her service in Germany but it does not reflect her service in Vietnam.
3. The applicant provides
* DD Form 214 ending on 31 October 1995
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 27 June 1971
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 available records show she was appointed as a Reserve commissioned officer and entered active duty on 12 September 1968. She was honorably released from active duty on 27 June 1971 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Standby Reserve).
3. Her DD Form 214 for this period of service show she served in Vietnam from 25 June 1970 to 22 June 1971.
4. Her available records show she entered active duty as a USAR major on 10 August 1980. She served in Germany from on or about 12 September 1986 to 29 August 1989 (2 years, 11 months, 18 days). She attained the rank/grade of colonel (COL)/O-6 in the Regular Army on 1 November 1990.
5. She was honorably retired from active duty on 31 October 1995 in the rank of COL and placed on the Retired List on 1 November 1995.
6. Item 12f of the DD Form 214 she was issued for this period of service shows she completed 2 years, 11 months, and 18 days of foreign service during this period of service.
7. 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 standardized policy for the preparation of the DD Form 214. It states in item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
DISCUSSION AND CONCLUSIONS:
The regulatory guidance states the foreign service completed during the period covered by the DD Form 214 is listed on the DD Form 214. Her DD Form 214 for the period ending 31 October 1995 correctly shows the total amount of foreign service she completed during the period covered by the DD Form 214. There are no provisions for adding foreign service completed during a prior period of active service to the DD Form 214. Therefore, she is not entitled to the 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) AR20130004489
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ABCMR Record of Proceedings (cont) AR20130004489
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