IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20140020384
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 period of foreign service.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not correctly show his full period of foreign service.
3. The applicant provides copies of:
* Orders awarding him a military occupational specialty (MOS)
* Permanent change of station (PCS) orders, dated 28 May 1992, 8 July 1995, and 6 September 1995
* DA Form 5121-R (Overseas Tour Election Statement)
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 September 1996
* DD Form 215 (Correction to DD Form 214)
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record Part II)
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 23 January 1992, completed training, and was awarded MOS 63W (Wheel Vehicle Repairer).
3. Aberdeen Proving Ground Orders 104-28, dated 28 May 1992, ordered the applicant to PCS to Germany with a reporting date of not later than 31 July 1992.
4. 21st Replacement Battalion (Germany) Orders 209-004, dated 27 July 1992, assigned the applicant to the 5th Maintenance Company.
5. DA Form 5121-R, dated 29 July 1992, shows the applicant elected to serve a 36 month tour in Germany with dependents.
6. 90th Personnel Service Battalion (Germany) awarded the applicant the Good Conduct Medal on 29 November 1994.
7. On 31 March 1995, while in Germany, the applicant extended his enlistment 8 months and incurred a new expiration term of service date of 22 September 1996.
8. 90th Personnel Service Battalion (Germany) Orders 189-44, dated 8 July 1995, assigned the applicant to Fort Irwin, California with a report date of 14 October 1995 (more than likely would have been 13 October 1995, which was a Friday).
9. 90th Personnel Service Battalion (Germany) Orders 249-36, dated 6 September 1995, amended the above orders to show an availability date of 26 September 1995.
10. The applicants DA Form 2-1 shows in:
* item 5 (Overseas Service) he was assigned to Germany from 25 July 1992 through 24 July 1995
* item 35 (Current and Previous Assignments) on 27 July 1992 he was assigned to the 5th Maintenance Company (Germany). This is his last assignment
11. The applicants DD Form 214 shows he was released from active duty on 22 September 1996 and transferred to the U.S. Army Reserve (USAR). Item 12f (Foreign Service) shows 2 years, 2 months, and 10 days.
12. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the entry for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows a period of foreign service of 2 years, 2 months, and 10 days.
2. However, the available evidence shows the applicant reported for a 3 year tour in Germany on 25 July 1992 and he left Germany enroute to Fort Irwin, California on or about 13 October 1995.
3. It appears that a typographical error occurred in the typing of the applicants foreign service on his DD Form 214. It would be appropriate to correct his
DD Form 214 to show he completed 3 years, 2 months, and 19 days of service in item 12f.
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
amending his DD Form 214, dated 22 September 1996, to show in item 12f his foreign service equals 3 years, 2 months, and 19 days.
___________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) AR20140020384
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