IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150001880 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 January 1987, to show the following foreign service in item 18 (Remarks):

* 14 months in Korea
* 12 months in Vietnam
* 4 tours in Germany which equal 31 months, 35 months, 36 months, and 35 months, respectively

2.  The applicant states, in effect, his current DD Form 214 is inaccurate.

3.  The applicant provides:

* DD Form 214 for the period ending 31 January 1987
* page one of a DA Form 2-1 (Personnel Qualification Record - Part II)
* Orders Number 248-28, dated 27 December 1982, issued by Headquarters, Fort Huachuca showing a permanent change of station (PCS) to Germany
* Orders Number 254-14, dated 7 November 1985, issued by 379th Personnel Service Company (Germany) showing a PCS to Fort Hood, TX
* Special Orders Number 129, date 30 July 1968, issued by Headquarters, 11th Air Defense Signal Battalion, showing assignment to U.S. Army Europe


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 19 February 1962.  He was honorably discharged on 15 October 1964.  His DD Form 214 shows he completed 2 years, 7 months, and 27 days of net active creditable service with 1 year, 3 months, and 17 days of foreign and/or sea service.  Item 32 (Remarks) is void of any entries in regard to foreign service.

3.  He immediately reenlisted on 16 October 1964 and was again honorably discharged on 6 October 1970.  His DD Form 214 shows 5 years, 11 months, and 21 days of net active creditable service.  Under the category of foreign and/or sea service, it states he served 3 years, 6 months, and 6 days, with item 30 (Remarks) showing service in the U.S. Army Pacific Command (USARPAC) from 28 August 1965 to 27 August 1966.  

4.  He had a break in service and reentered on 13 September 1971.  He retired on 31 January 1987.  His DD Form 214 shows the following entries:

   a.  Item 12c (Net Active Service This Period) shows 8 years and 6 months.

   b.  Item 12d (Total Prior Active Service) lists 15 years, 6 months, and 6 days.

	c.  Item 12f (Foreign Service) states 5 years, 10 months, and 25 days.

	d.  Item 18 is void of entries showing locations or dates of foreign service.

5.  His record contains a DA Form 2-1 which shows the following entries in 
item 5 (Overseas Service):

* Korea - service from on or about 10 July 1962 to 26 August 1963 (lists tour as 14 months)
* Vietnam from on or about 28 August 1965 to 26 August 1966 (shown as 12 months)
* Germany from on or about 29 March 1968 to 5 October 1970 (listed as 31 months)
* Germany from on or about 30 September 1974 to 26 August 1977 (shown as 35 months) (actually 34 months and 27 days)
* Germany from on or about 28 September 1978 to 23 September 1981 (shown as 36 months; however, the actual period is 35 months and 
27 days or 2 years, 11 months, and 27 days)
* Germany from on or about 21 January 1983 to 19 December 1985 (shown as 36 months; the actual period is 34 months and 29 days or 2 years, 
10 months, and 29 days)

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes policies and procedures for preparation of the DD Form 214.  

	a.  The version in effect in October 1964 states:

         (1)  Item 24a(1) (Net Service This Period), enter the total service completed between the dates shown in item 19c (Date of Entry) and item 
11d (Effective Date of the DD Form 214).

		(2)  Item 24c (Foreign and/or Sea Service), enter the total active duty outside the continental U.S. (CONUS) for the period covered by the DD Form 214.

		(3)  Item 32 (Remarks) is for entries that are too long for their respective blocks and for other required entries.  There is no requirement to list the locations and dates of foreign service.

	b.  The version in effect in October 1970 states:

		(1)  Item 22a(1) (Net Service This Period) requires the entry of the total service completed between the date of entry and the effective date of the 
DD Form 214.  

		(2)  Item 22c (Foreign and or Sea Service) show the total active duty performed outside CONUS for the period covered by the DD Form 214 and last oversea theater in which service was performed, e.g. "Foreign and/or Sea Service (USARPAC)."


		(3)  Item 30 (Remarks) is used to complete entries that are too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.  As a result of a change to the regulation in January 1970, inclusive dates for Vietnam service were required to be entered when it occurred during the period covered by the DD Form 214.

   c.  The version in effect in January 1987 states, in pertinent part:

		(1)  Item 12c should show all service covered by that DD Form 214.

		(2)  Item 12f should list the total amount of foreign service completed during the period covered in item 12c.

		(3)  For item 18 there is no requirement to detail locations and dates of foreign service.

7.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  

   a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  
   
   b.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 for the period ending 31 January 1987 be amended to show the dates and locations of his foreign service, to include periods of service that pre-date this DD Form 214.

2.  Regulatory guidance limits the periods of foreign service to only those performed during the inclusive dates covered by the particular DD Form 214.  Additionally, other than an exception made for combat service in Vietnam, there was and is no requirement to list in detail the dates and locations of foreign service.  

   a.  The applicant received two prior DD Forms 214, each showing the total active service performed outside CONUS for the period covered by the respective DD Form 214.

	b.  With the exception of his tour in USARPAC (Vietnam), no other period of foreign service was identified and detailed in the remarks section of either
prior DD Form 214.

	c.  During the period of his DD Form 214 ending on 31 January 1987, he served outside CONUS on two occasions, both times in Germany.  That time has been reflected in item 12f of the DD Form 214.  There was no regulatory requirement at the time that the DD Form 214 was prepared to show service in Germany in remarks of the DD Form 214.

3.  The DA Form 2-1 shows two 36-month tours in Germany between September 1978 and December 1985; however, the actual term of each tour, as shown on the DA Form 2-1, was reviewed and the amount of foreign service reflected on the DD Form 214 ending on 31 January1987 appears to be correct.  

   a.  The Board proceeds from a presumption of administrative regularity and therefore assumes what is currently shown on the DD Form 214 is correct.  
   
   b.  The orders provided by the applicant show dates the applicant would have been projected to arrive or depart from a duty station.  Actual arrival and departure dates may vary, however, based upon exigent circumstances.  As a result, orders cannot be considered definitive proof of actual dates of foreign service.

4.  Based upon the foregoing, there is insufficient evidence to show an error or injustice occurred.  

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)                                         AR20150001880



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ABCMR Record of Proceedings (cont)                                         AR20150001880



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