IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002180 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her foreign service in Korea in item 18 (Remarks).

2.  The applicant states:

* her service in Korea from 11 January 1988 through 13 January 1989 was omitted from item 18 of her DD Form 214
* it should have been listed in item 18 as she qualified for a "campaign medal" for her honorable service in Korea
* it was simply an administrative oversight
* the significance of the error was not discovered until she entered civil service
* she attempted to correct the error through the Retirement Services Office and her servicing human resources office to no avail

3.  The applicant provides:

* DD Form 214
* Officer Record Brief (ORB)
* Meritorious Service Medal (MSM) Certificate
* Headquarters, Eighth U.S. Army, Permanent Orders 166-3
* 516th Personnel Service Company Orders 329-143
* U.S. Army Military Personnel Center Request for Orders – Individual Copy
* DA Form 137 (Installation Clearance Record)
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 was appointed as a Reserve commissioned officer on 18 December 1984 and entered active duty as a first lieutenant on 4 January 1985.

3.  Records indicate she was assigned to Headquarters and Headquarters Company, 23d Support Group, Camp Humphries, Korea, from on or about 11 January 1988 through on or about 13 January 1989.

4.  Her ORB reflects her reassignment to Headquarters and Headquarters Company, Southern European Task Force, Vicenza, Italy, from on or about 17 April 1989 through an unrecorded date.  Records indicate she later deployed to Afghanistan for 10 days from 16 October 2002 through 26 October 2002.

5.  On 31 August 2010, she retired from the Army after 25 years, 7 months, and 27 days of active service.  Her DD Form 214 shows in:

	a.  item 12f (Foreign Service):  4 years, 1 month, and 4 days; and

	b.  item 18:  "SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY//SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN AFGHANISTAN 20021016-20021026//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//CONT FROM BLOCK 13:  WAR ON TERRORISM SERVICE MEDAL//KOREAN DEFENSE SERVICE MEDAL//ARMED FORCES SERVICE MEDAL (AFSM)//HUMANITARIAN SERVICE MEDAL//ARMY SERVICE RIBBON//OVERSEAS SERVICE RIBBON (2ND AWARD)//PARACHUTIST BADGE//NOTHING FOLLOWS."

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  The instructions stated:

	a.  item 12f will list the total amount of foreign service completed during the period covered in item 12c (Net Active Service this Period);

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	c.  item 18 will be used for Headquarters, Department of Army mandatory requirements when a separate block is not available and as a continuation for entries in items 11 (Primary Specialty), 13, and 14 (Military Education).

		(1)  For a Soldier retiring for length of service, enter "SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY."

		(2)  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example:  YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of item 18 of her DD Form 214 to reflect her foreign service in Korea was carefully considered, but found to be without merit.

2.  Records indicate she was stationed in Korea as a permanent change of station tour from on or about 11 January 1988 through on or about 13 January 1989.  Her DD Form 214 appears to accurately reflect her combined foreign service of 4 years, 1 month, and 4 days in Korea, Italy, and Afghanistan in item 12f.  Her deployment to Afghanistan is recorded in item 18 as required by regulatory guidance.

3.  Despite the applicant's contention, there is no provision for the annotation of the Korean service that was the basis for her award of the Korea Defense Service Medal on the DD Form 214 in item 18.


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 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)                                         AR20150002180



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ABCMR Record of Proceedings (cont)                                         AR20150002180



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