IN THE CASE OF:	   

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140020690 


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), ending on 31 May 1998 to show his total foreign service of 18 years, 3 months, and 2 days as well as six awards of the Overseas Service Ribbon. 

2.  The applicant states:

* he initially served from April 1976 to April 1979; his DD Form 214 (Report of Separation from Active Duty) correctly reflected his foreign service of 2 years, 7 months, and 24 days
* he then served from 1981 to 1998 and completed 15 years, 7 months, and 24 days of foreign service which is also correctly reflected on his retirement DD Form 214 
* he wants his retirement DD Form 214 to add his total foreign service and reflect 18 years, 3 months, and 2 days
* with over 18 years of foreign service, he should receive six instead of five Overseas Service Ribbons
* the unit that prepared his retirement DD Form 214 failed to consider his foreign service

3.  The applicant provides:

* DA Form 1506 (Statement of Service-For Computation of Length of Service for Pay Purposes)
* DD Form 214, ending on 18 April 1979
* DD Form 214, ending on 31 May 1998
* DD Form 215 (Correction to DD Form 214 ending on 31 May 1998)
* Letter from the Department of Veterans Affairs

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's records show he enlisted in the Regular Army (RA) on 19 April 1976 and he held military occupational specialty (MOS) 16J (Acquisition Radar Crewman). 

3.  His DA Form 20 (Enlisted Qualification Record) is not available for review.  It appears that following completion of MOS training, he served in Germany.  His exact dates of service and whether he received credit for an overseas tour are unknown.  

4.  He was honorably released from active duty on 18 April 1979.  His DD Form 214 for this period shows:

* he completed 3 years of active service, of which 2 years, 7 months, and 8 days was foreign service
* he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He enlisted in the RA on 12 February 1981.  He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of master sergeant (MSG)/E-8.

6.  His DA Form 2-1 (Personnel Qualification Record), which replaced the DA Form 20 and would have listed his chronological record of assignments and/or exact dates of overseas service, is not available for review. 
7.  He retired on 31 May 1998 and he was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 June 1998.  His DD Form 214 for this period of service shows in: 

* Item 12f (Foreign Service) - 0015-07-24
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: 

* Meritorious Service Medal (1st Oak Leaf Cluster)
* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Achievement Medal (3rd Oak Leaf Cluster) 
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 5
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal 
* Kuwait Liberation Medal
* Kuwait Liberation Medal (Kuwait)
* National Defense Service Medal 
* Southwest Asia Service Medal with three bronze service stars 

* Item 18 (Remarks), Service in Southwest Asia 19910104-19910404

8.  On 13 September 1999, he was issued a DD Form 215 that corrected his dates of service to Southwest Asia to 19910104-19910504. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  

	a.  Chapter 2 of the regulation in effect at the time of his 1978 separation stated item 18f (Foreign and/or Sea Service This Period) shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.

	b.  Chapter 2 of the regulation in effect at the time of his 1998 separation stated item 12f (Foreign Service) shows the total active duty outside the continental limits of the United States during the period covered by the 
DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Table 3-2 of Army Regulation 614-30 (Overseas Service) states the tour length for service in Germany is 36 months (accompanied) and 24 months (unaccompanied). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two separate periods of active duty.  He served on active duty from 19 April 1975 to 18 April 1979.  During this period, he completed 2 years, 7 months, and 8 days of foreign service in Germany.  It is unclear if he received overseas tour credit for this period because his DA Form 20 and/or DA Form 2-1 are not available.  Nonetheless, his DD Form 214 correctly captured his total foreign service he completed in item 18f. 

2.  The applicant again served on active duty from 12 February 1981 to 31 May 1998.  He completed 15 years, 7 months and 24 days of foreign service.  It is unclear if he extended his overseas tours or conducted separate consecutive overseas tours.  It is equally unclear how many overseas tours he was credited with during this period because his DA Form 2-1 is not available.  Nonetheless, his DD Form 214 correctly captured his total foreign service he completed in item 12f.

3.  Each DD Form 214 credited him with the total active duty outside the continental limits of the United States for the period covered by the 
DD Form 214.  Consolidation of two or more DD Forms 214 is not allowed by regulation.  Both of his DD Forms 214 are correct with regard to foreign service and should not be changed.  

4.  He was awarded or authorized five awards of the Overseas Service Ribbon.  Without additional documentary evidence such as his DA Form 20, DA Form 2-1, approved foreign service tour extensions, approved consecutive overseas tours, or other documents confirming overseas tour credit for six tours, it is presumed his DD Form 214 correctly reflects five awards of the Overseas Service Ribbon and he should not have this changed. 




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)                                         AR20140020690





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ABCMR Record of Proceedings (cont)                                         AR20140020690



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