IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140020123 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his total foreign service of 3 years and 6 months and to remove the statement:  "DISCHARGE UPGRADED ON AUGUST 23, 1991 FOLLOWING APPLICATION DATED FEBRUARY 9, 1990" from the remarks section.

2.  The applicant states his final DD Form 214 does not reflect his first overseas tour for 2 years, 4 months, and 28 days from August 1974 through January 1977.  It only reflects his second overseas tour from May 1982 through June 1983.

3.  The applicant provides his two DD Forms 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 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 1 February 1974.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to his first overseas tour of duty in Germany on 21 August 1974.

4.  While still in Germany, he was discharged for the purpose of immediate reenlistment on 4 November 1976.  The DD Form 214 with a separation date of 4 November 1976 covering his first period of enlistment accurately shows 2 years, 2 months, and 15 days of foreign service.  This period of foreign service reflects his service in Germany from 21 August 1974 through his date of discharge for immediate reenlistment on 4 November 1976.

5.  He reenlisted on 5 November 1976.  On 18 February 1977, he left Germany en route to his next assignment at Fort Eustis, VA.

6.  After numerous tours of duty at various locations, including Fort Eustis, VA, Fort Belvoir VA, and Fort Hood, TX, he was again reassigned to a unit in Germany on 22 July 1982.

7.  On 14 June 1983, he was discharged for drug abuse rehabilitation failure under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9, and given a general discharge under honorable conditions.

8.  On 9 February 1990, he applied to the Army Discharge Review Board (ADRB), requesting to change the narrative reason and characterization of his discharge.  On 23 August 1991, the ADRB approved his request and directed amendment of the reason and authority for his discharge to read "Secretarial Authority" under the provisions of Army Regulation 635-200, chapter 5, and characterization of his discharge to honorable.

9.  Subsequent to the ADRB decision, the DD Form 214 covering his service from 5 November 1974 through 14 June 1983 was reissued.  This DD Form 214 shows:

   a.  in item 12f (Foreign Service), 1 year, 1 month, and 5 days of foreign service; and

   b.  in item 18 (Remarks), "DISCHARGE UPGRADED ON AUGUST 23, 1991 FOLLOWING APPLICATION DATED FEBRUARY 9, 1990."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated that the total amount of foreign service completed during the period of service covered by the DD Form 214 will be entered in item 12f.  It also stated that when a discharge was upgraded, the statement "DISCHARGE UPGRADED ON (date) FOLLOWING APPLICATION OF (date)" would be entered in item 18 on copies 2 through 8 of the reissued DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect his total foreign service of 3 years and 6 months and to remove the statement:  "DISCHARGE UPGRADED ON AUGUST 23, 1991 FOLLOWING APPLICATION DATED FEBRUARY 9, 1990" from the remarks section was carefully considered.

2.  Regulatory guidance dictates that only the amount of foreign service completed during the period of service covered by the DD Form 214 will be entered in item 12f of that DD Form 214.

3.  The applicant's first DD Form 214 covering the period 1 February 1974 through 4 November 1976 accurately reflects his foreign service in Germany from 21 August 1974 through 4 November 1976, amounting to 2 years, 2 months, and 15 days of foreign service.

4.  His second DD Form 214 covering the period 5 November 1976 through 14 June 1983 shows his foreign service for that period as 1 year, 1 month, and 5 days.  This foreign service period should cover the remainder of his foreign service in Germany while completing his first tour from 5 November 1976 through 18 February 1977 (3 months and 14 days) and his entire second tour in Germany from 22 July 1982 through his discharge on 14 June 1983 (10 months and 24 days).  Combined, these two periods of foreign service which were completed during the period covered by the second DD Form 214 amounted to 1 year, 2 months, and 8 days and should be so reflected on his final DD Form 214.

5.  The ADRB upgraded the applicant's discharge characterization from general under honorable conditions to honorable on 23 August 1991 and appropriately annotated the upgrade in the remarks section of the reissued DD Form 214 as required by regulatory guidance.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting the current entry from item 12f of his DD Form 214 for the period ending 14 June 1983 and replacing it with the entry "0001  02  08."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removal of the remark: "DISCHARGE UPGRADED ON AUGUST 23, 1991 FOLLOWING APPLICATION DATED FEBRUARY 9, 1990" from item 18 of his DD Form 214 for the period ending 14 June 1983.



      _______ _  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)                                         AR20140020123



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ABCMR Record of Proceedings (cont)                                         AR20140020123



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