IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130010237
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 his foreign service in Korea.
2. The applicant states he was deployed to South Korea for Exercise Foal Eagle in October 1999. He was assigned to Company B, 1st Battalion, 67th Armor Regiment. The deployment was based on a verbal order and as such he has no supporting documents.
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 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 records show he enlisted in the Regular Army on 6 February 1996. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 19K (M-1 Armor Crewmember).
3. Subsequent to completion of MOS training, he was assigned to Company A, 1st Battalion, 67th Armor Regiment, Fort Hood, TX.
4. He was honorably released from active duty at Fort Hood, TX, on 5 February 2000. His DD Form 214 shows he completed 4 years of active service with no foreign service.
5. His DA Form 2-1 (Personnel Qualification Record Part II) does not show any foreign service. Likewise, there are no permanent change of station orders, temporary duty (TDY) orders, pay documents, or any other official documents in his records that show he was ordered to or served in Korea.
6. An official of the Defense Finance and Accounting Service audited the applicant's pay records on 13 June 2013 and advised the Board that there was no record of the applicant deploying to Korea.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 in effect at the time, contained guidance for preparation of the DD Form 214 and stated that item 12f (Foreign Service) would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's service records and he did not provide any substantiating evidence to show he served in Korea in support of Exercise Foal Eagle 1999. In the absence of TDY orders or other official documents such as TDY settlement vouchers or leave and earnings statements confirming his dates of arrival in and departure from Korea, there is insufficient evidence to grant 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 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) AR20130010237
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