IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010489
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 20 January 2006 to show her foreign service in Korea from a prior period of service.
2. The applicant states item 12f of her DD Form 214 does not accurately reflect all of her foreign service. She served in Korea for 1 year in a prior term and then served in Europe for 3 years and 15 days.
3. The applicant provides her DD Form 214 for the period ending 20 January 2006, a court-order, and a letter.
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 9 June 1995.
3. She served in Korea from 9 July 1996 to 10 July 1997.
4. She was honorably released from active duty on 8 June 1999 and she was transferred to the U.S. Army Reserve (USAR), 450th Transportation Battalion, Manhattan, KS.
5. Item 12f of the DD Form 214 she was issued for this period of service contains the entry "0001--00--02."
6. She was appointed as a USAR second lieutenant with a concurrent call to active duty and she entered active duty on 11 May 2002. She attained the rank/grade of first lieutenant (1LT)/O-2 on 1 December 2003.
7. She served in Germany from 6 January 2003 to 20 January 2006 while assigned to the 8th Finance Battalion.
8. She was discharged on 20 January 2006 in the rank of 1LT.
9. Item 12f of the DD Form 214 she was issued for this period of service contains the entry "0003--00--15."
10. 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. The applicant's DD Form 214 for the period ending 20 January 2006 correctly shows her foreign service in Germany that was 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 duty 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) AR20130010489
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