IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002315
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 that her foreign service in Korea be reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that her DD Form 214 does not reflect her service in Korea.
3. The applicant provides no additional documents with her application.
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 14 November 1996 for a period of 4 years and training as a medical specialist. She completed her basic training at Fort Leonard Wood, Missouri and her advanced individual training at Fort Sam Houston, Texas before being transferred to Korea on 23 April 1997.
3. She departed Korea on 19 April 1998 after serving 11 months and 27 days of foreign service and was transferred to Fort Sill, Oklahoma where she remained until she was honorably discharged on 1 October 1999.
4. Her DD Form 214 issued at the time of her discharge shows in item 12a that she entered active duty this period on 1997 01 17; that she served 2 years, 8 months, and 15 days of net active service this period in item 12c; and that she served 0000 00 00 of foreign service in item 12f. Item 18 shows, in part, Period of Delayed Entry Program: 19960830 19970117.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) ast the time prescribed 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 that for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her foreign service is not reflected on her DD Form 214 has been noted and found to have merit. The applicant served 11 months and 27 days of foreign service and that service should be entered in item 12f of her DD Form 214.
2. As a result of her service in Korea, she is also entitled to award of the KDSM and to have that award added to her DD Form 214.
3. Additionally, while the applicant does not raise the issue, she enlisted in the Regular Army on 14 November 1996; however, her DD Form 214 reflects that she entered active duty on 17 January 1997 and at the time of her discharge she had served 2 years, 8 months, and 15 days of active service when in fact she had served 2 years, 10 months, and 18 days of active service. Accordingly, item 12a should be corrected to show 1996 11 14 and item 12c should be corrected to show 0002 10 18. Further, item 18 should be corrected to show Period of Delayed Entry Program: 19960830 19961113.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 1997 01 17 from item 12a of her DD Form 214
* Deleting the entry 0002 08 15 from item 12c of her DD Form 214
* Deleting the entry 0000 00 00 from item 12f of her DD Form 214
* Deleting the entry Period of Delayed Entry Program: 19960830 19970117 from item 18 of her DD Form 214
* Adding the entry 1996 11 14 to item 12a of her DD Form 214
* Adding the entry 0002 10 18 to item 12c of her DD Form 214
* Adding the entry 0000 11 27 to item 12f of her DD Form 214
* Adding the entry Period of Delayed Entry Program: 19960830 19961113 to item 18 of her DD Form 214
* Adding the KDSM to item 13 of her DD Form 214
___________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) AR20140002315
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002315
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080013919
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected in item 12 (Record of Service). Thus, his Army DD Form 214 should reflect: 12a Date Entered AD This Period 2001 06 18 12b Separation Date This Period 2003 10 22 12c Net Active Service This Period 0002 04 05 12f Foreign Service 0000 05 23 Item 12f (Foreign Service) should reflect the time the applicant spent in Afghanistan from 19 December 2001 through 10 June 2002 (as stated in...
ARMY | BCMR | CY2013 | 20130010362
The applicant requests of correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 November 2003 to show her: * correct entry date on active duty * home of record (HOR) as Eight Mile, AL 2. This DD Form 214 is not filed in her record in the interactive Personnel Electronic Records Management System (iPERMS) and shows in: * Item 7b, an address in Houston, TX * Item 12a (Date Entered Active Duty this Period), the entry "1993 08 12" * Item...
ARMY | BCMR | CY2011 | 20110017886
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct prior active service and all of his foreign service if item 12f (Foreign Service) is cumulative. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by directing the HRC Service Center to compute his total...
ARMY | BCMR | CY2005 | 20050001456C070206
A review of the applicant's DD Form 214 shows the following entries: Item 12a (Date Entered AD This Period): "1979 10 26"; Item 12b (Separation Date This Period): "1998 01 31"; Item 12c (Net Active Service This Period): "0018 03 05"; Item 12d (Total Prior Active Service): "0003 09 00"; and Item 12f (Foreign Service): "0002 11 26". Guidance for completing the Record of Service is as follows: Item 12a (Date Entered Active Duty (AD) This Period): Enter the beginning date of the enlistment...
ARMY | BCMR | CY2005 | 20050001456C070206
Army Regulation 635-5, effective 1 October 1979 (and in effect at the time of the applicant's first immediate reenlistment on active duty), ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment. Evidence of records shows that the applicant's DD Form 214, with an effective date of 31 January 1998, was not prepared in accordance with the governing Army regulatory guidance to show the applicant's beginning date of the continuous period of...
ARMY | BCMR | CY2010 | 20100024415
The applicant requests correction of her net active service this period, total prior inactive service, and award of the Army Achievement Medal on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The record shows she was issued a DD Form 214 for her active duty service from 13 January 2005 through 3 March 2007. Item 12 (Record of Service) of her DD Form 214 shows the following entries in: * Item 12a (Date Entered AD [Active Duty] This Period): 2005 01 13 * Item 12b...
ARMY | BCMR | CY2006 | 20060004531C070205
The applicant requests correction to item 7a (Place of Entry into Active Duty), item 7b (Home of Record At Time of Entry), item 11 (Primary Specialty – List Number, Title and Years and Months in Specialty), item 12c (Record of Service Net Active Service this Period), item 12f (Record of Service Foreign Service), item 16 (Days Accrued Leave Paid), item 18 (Remarks), item 19a (Mailing Address After Separation), and item 19b (Nearest Relative). Paragraph 2-4h (12) (c) of Army Regulation 635-5...
ARMY | BCMR | CY2008 | 20080009644
Item 12 shows the Record of Service. The evidence of record shows that after completing 5 months and 28 days in the DEP, the applicant enlisted in the Regular Army and entered active duty on 3 August 2005. Therefore, there is sufficient evidence to correct his records to show his 1 year, 2 months, and 24 days of service in Kuwait/Iraq as 15 August 2006 to 7 November 2007 and to show this period of service in Iraq as his correct period of foreign service.
ARMY | BCMR | CY2005 | 20050003600C070206
Item 12f will contain the total amount of foreign service completed during the period covered by the DD Form 214 and Item 18f will document deployments of active duty Soldiers and show the country to which deployed and the inclusive dates of deployment. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2013 | 20130011505
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2013 by: a. amending item 12d (Total Prior Active Service) to show all her prior active service; b. amending item 12f (Foreign Service) to show all her foreign service; and c. adding the Driver and Mechanic Badge with Driver Wheeled Vehicle, three additional awards of the Armed Forces Reserve Medal with "M" Device, a third award of the Army Commendation...