BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130005057
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 he served at the Demilitarized Zone (DMZ) in Korea.
2. The applicant states the dates of service in Korea are not listed on his
DD Form 214.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants 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 records show he enlisted in the Regular Army on 22 February 1984 and he held military occupational specialty 95B (Military Police). He served in Korea from on or about 15 January 1986 to on or about 4 February 1987.
3. He was honorably released from active duty on 5 February 1987 and he was transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation.
4. His DD Form 214 shows he completed 2 year, 11 months, and 14 days of active service, of which 1 year was foreign service shown in item 12f (Foreign Service) of his DD Form 214.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 12f lists the total foreign service completed outside continental United States during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from on or about 15 January 1986 to on or about 4 February 1987. His DD Form 214 credited him with 1 year of foreign service.
2. The regulation in effect at the time required an entry for the total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 12f which is correctly shown on his DD Form 214.
3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. There is no provision in the governing regulation to list reassignment from one unit to another or service at the DMZ on this form. The applicant may use this Record of Proceedings to confirm his service in Korea.
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) AR20130005057
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130005057
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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