IN THE CASE OF:	

		BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130010741 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct total prior active service, that he served overseas in the Republic of Korea (ROK) and Southwest Asia (SWA), and award of the Korea Defense Service Medal (KDSM) and Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he completed 3 months and 25 days of active duty special work (ADSW) from 4 May 1992 through 28 August 1992, but it is not shown on his latest DD Form 214.  He also states that he served in the ROK from 2 May 1995 through 3 May 1996 and in SWA from 17 August 2000 through 18 August 2001, which entitles him to the KDSM and AFEM, respectively.

3.  The applicant provides a copy of his 28 August 1992 DD Form 214, orders for his service in the ROK, and an AFEM 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 U.S. Army Reserve (USAR) on 10 July 1980 for a period of 6 years.  He was discharged from the USAR on 28 December 1980.

3.  He enlisted in the Regular Army (RA) on 29 December 1980 for a period of
3 years.  Through a series of reenlistments and extensions of his reenlistments he continued to serve on active duty in the RA through 11 June 1990.

4.  A review of his military personnel records failed to reveal a DD Form 214 for the period of active duty from 29 December 1980 through 11 June 1990.

5.  The applicant enlisted in the USAR on 12 June 1990 for a period of 1 year. Through an extension and reenlistment he continued to serve in the USAR through 12 November 1992.

6.  A DD Form 214 shows the applicant entered active duty this period on 4 May 1992, was honorably released from ADSW on 28 August 1992, and transferred to a reserve unit.  He had completed 3 months and 25 days of net active service this period.

7.  He enlisted in the RA on 13 November 1992 for a period of 3 years.  Through a series of reenlistments and an extension of his reenlistment he continued to serve on active duty in the RA through 28 February 2003.

8.  His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) he served in:

* Germany from

* 21 July 1981 through 29 January 1983
* 1 July 1984 through 22 January 1987

* ROK from 18 July 1995 through 1 July 1996
* Persian Gulf (Saudi Arabia) from 19 August 2000 through 17 August 2001

9.  A DD Form 214 shows the applicant entered active duty this period on 
13 November 1992, was honorably separated from active duty on 28 February 2003 based on sufficient service for retirement, and transferred to the USAR Control Group (Retired).  It also shows in:


   a.  item 12 (Record of Service):

* block c (Net Active Service This Period):  10 years, 3 months, 18 days
* block d (Total Prior Active Service):  9 years, 9 months, 8 days
* block e (Total Prior Inactive Service):  2 years, 6 months, 25 days
* block f (Foreign Service):  7 years, 5 months, 23 days

   b.  item 18 (Remarks) that the applicant served in SWA from 17 August 2000 through 18 August 2001.  

   c.  As a result of the (above) entry in item 18 of his DD Form 214, his service in SWA will not be discussed further in this Record of Proceedings.

10.  A DD Form 215 (Correction to DD Form 214) issued on 21 August 2013, shows, in pertinent part, the AFEM and KDSM were added to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 28 February 2003 DD Form 214.  As a result of this correction, the AFEM and KDSM will not be discussed further in this Record of Proceedings.

11.  In support of his application the applicant provides the following documents:

   a.  Headquarters, U.S. Army Training Center, Fort Jackson, SC, Orders 
24-41, dated 24 January 1995, as amended by Headquarters, 8th Personnel Command (ROK), 1st Endorsement, dated 20 July 1995, that assigned the applicant to Headquarters and Headquarters Company (HHC), Eighth U.S. Army, effective 20 July 1995.

   b.  Headquarters, Eighth U.S. Army, Orders 68-01, dated 8 March 1996, that reassigned the applicant from Special Operations Command, Yongsan, Korea to HHC, Eighth U.S. Army, with a reporting date of 8 March 1996.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f:  enter total amount of foreign service completed during the period covered in item 12c; and

	b.  item 18:  for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show an additional 3 months and 25 days of prior active service based on his ADSW from 4 May 1992 through 28 August 1992 and also his service in the ROK.

2.  The evidence of record shows the applicant had prior active duty enlisted service in the RA from 29 December 1980 through 11 June 1990 and ADSW from 4 May 1992 through 28 August 1992.

	a.  A calculation of these two periods of active service shows the following:

	1990  06  11	date of separation from active duty
	- 1980  12  29	date of entry on active duty
	=     09  05  12
	+                   1	day inclusive
	=     09  05  13	net active service in RA (initial period of service)

	
	1992  08  28	date of release from ADSW
	- 1992  05  04	date of entry on ADSW
	=     00  03  24
	+                   1	day inclusive
	=     00  03  25	net active service (ADSW)

	b.  A calculation of the applicant's total prior active service shows the following:

	09  05  13	net active service in RA (initial period of service)
	+ 00  03  25	net active service for ADSW
    	         = 09  08  38 or  9 year, 9 months, and 8 days

	c.  Item 12, block d, of the applicant's 28 December 2003 DD Form 214 shows he was credited with 9 years, 9 months, and 8 days of total prior active service.  Therefore, based on the available evidence, there is an insufficient basis on which to correct his total prior active service.

3.  The applicant's DD Form 214 also shows in item 12, block f, the total foreign service he completed.

   a.  Orders show the applicant was assigned overseas to the ROK.  There is no evidence of record that shows he deployed with his unit to the ROK.

   b.  Therefore, he is not entitled to correction of item 18 of his DD Form 214 to show this overseas service.

4.  Thus, in view of all of the foregoing, there is insufficient evidence to support the applicant's request in this case.

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)                                         AR20130010741



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ABCMR Record of Proceedings (cont)                                         AR20130010741



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