BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006696
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 January 1988, to read 1 year, 1 month, and 23 days.
2. The applicant states this administrative error should be corrected based on a review of his official military personnel file.
3. The applicant provides a copy of his 1988 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant served in the U.S. Air Force (USAF) from 13 December 1963 through 29 September 1977.
3. He was appointed in the U.S. Army Reserve (USAR), as a warrant officer one, on 30 September 1977, and he entered active duty on the same day. He was awarded military occupational specialty 31O (utility technician). He served in Italy from 25 May 1976 through 11 November 1977.
4. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, issued the following orders:
* Orders Number 125-180, on 26 June 1985, assigning him to the 21st Adjutant General Replacement Detachment, Germany, with a reporting date of 31 October 1985
* Order Number 157-50, on 12 August 1985, amending Orders Number 125-180, dated 26 June 1985, to show his assignment to the 128th Combat Support Hospital, Germany
5. Orders Number 199-109, issued by the 198th Personnel Service Company, Ludwigsburg Personnel Service Center, 38th Personnel and Administration Battalion, Germany, on 16 October 1987, assigned him to the U.S. Army Transition Point, Fort Campbell, KY, with a reporting date of 3 December 1987, for the purpose of retirement.
6. He was honorably retired on 31 January 1988. He was credited with completing 10 years, 4 months, and 1 days of net active service this period. His DD Form 214 lists in item 12f a credit of 1 month and 23 days during this period.
7. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 12f would list credit for all foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed in the USAR and entered on active duty on 30 September 1977, with prior USAF service. At the time, he was serving in Italy from 25 May 1976. Based on the period covered by the DD Form 214 ending on 31 January 1988, he continued to serve in Italy from 30 September 1977 through 11 November 1977, a period of 1 month and 23 days. Item 12f of this DD Form 214 credited him with 1 month and 23 days of foreign service.
2. He served in Germany from 31 October 1985 to on or about 3 December 1987, a period of 2 years, 1 month, and 3 days. Therefore, he is entitled to correction of item 12f of his 1988 DD Form 214 to show a credit of 2 years, 2 months, and 26 days.
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 from item 12f of his DD Form 214 ending on 31 January 1988 the entry, "00-01-23" and adding the entry, "02-02-26."
_______ _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) AR20140006696
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