IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140005478
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 the amount of foreign service entered in item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 March 1990.
2. He states he completed three overseas tours, but he was credited with two tours. While assigned to the 2nd Military Police (MP) Company, his personnel file inexplicably disappeared from the division personnel office at Camp Casey, Korea. His file was reconstructed, but he was not given credit for his first overseas tour with the 55th MP Company in Korea. His efforts to have the corrections made failed. His overseas tours exceeded 9 years, but item 12f of his DD Form 214 credits him with 8 years, 1 month, and 23 days of foreign service. He states he completed the following overseas tours:
* 1979-1980, 55th MP Company, Inchon, Korea
* 1981-1982, 2nd MP Company, Tongduchon, Korea
* 1983-1990, 529th MP Company, Heidelberg, Germany
3. He provides:
* DD Form 214
* Army Commendation Medal Certificate
* pages from unit yearbooks
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 had prior service in the California Army National Guard (CAARNG). On 27 December 1978, he enlisted in the Regular Army (RA). He was awarded military occupational specialty 95B (MP), which he held throughout his RA service.
3. His Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) contains very few documents pertaining to his RA service.
4. The available records show he was honorably discharged on 26 March 1990 and he enlisted in the CAARNG. Item 12f of the DD Form 214 covering this period of service shows he had 8 years, 1 month, and 23 days of foreign service.
5. A DA Form 2-1 (Personnel Qualification Record - Part II), prepared on 30 April 1990 and reviewed in 1995, shows in item 5 (Oversea Service) that he was credited with service in:
* Korea from 1 March 1981 through 9 April 1982 (1 year, 1 month, and 9 days)
* Germany from 15 January 1983 through 28 January 1990 (7 years and 14 days)
6. His OMPF in iPERMS is void of documentation showing he served in Korea prior to 1 March 1981.
7. He provides pages from two unit yearbooks.
a. The first is from the 55th MP Company, Camp Market, Korea, for the period 1978-1979. He has provided the page showing his picture.
b. The second is from the 2nd MP Company, 2nd Infantry Division, Camps Casey-Stanley-Pelham, Korea, for the year 1981. He has provided the page showing his picture.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214. It stated, in effect, that personnel officers were to use all available records to prepare a DD Form 214. It stated for item 12f to enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Based on the documents provided by the applicant, it appears he did have a period of service in Korea prior to 1981 that is not included in the foreign service shown on his DD Form 214 for the period ending 26 March 1990.
2. Unfortunately, the available documentation makes no reference to the specific dates of his service in Korea prior to 1981, and it appears that this problem has persisted since before his discharge from the RA. Notwithstanding the likelihood that he did complete an additional tour in Korea, it would not be appropriate to make the correction he has requested without official documentation showing the specific dates of his initial period of service in Korea.
3. If he has any official documentation pertaining to his initial period of service in Korea, he may submit that documentation with a request for reconsideration.
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) AR20140005478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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