IN THE CASE OF:	  

		BOARD DATE:	    13 October 2011

		DOCKET NUMBER:  AR20110005887 


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 show his foreign service.

2.  The applicant states his DD Form 214 does not account for any of his foreign service in Korea, Germany, and Southwest Asia.

3.  The applicant provides his DD Form 214, Permanent Orders 16-01, Permanent Orders 3-1, two DA Forms 638-1 (Recommendation for Award), two Army Commendation Medal certificates, a Certificate of Service for Operation Desert Shield/Desert Storm, and a Certificate of Achievement. 

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.  His military records show he enlisted in the Regular Army on 26 May 1987.  He completed training and was awarded the military occupational specialty of fire support specialist.  He was promoted to the rank/grade of specialist/E-4.

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Germany during the period 5 February 1988 to 24 February 1990 
(2 years and 20 days)
* Saudi Arabia during the period 28 August 1990 to 8 March 1991 
(6 months and 9 days)
* Korea during the period 13 March 1993 to 11 March 1994 (11 months and 27 days)

4.  On 23 January 1995, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time does not show any foreign service.

5.  Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia during the period 28 August 1990 to 8 March 1991.

6.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It states that 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.  His records show he served overseas in Germany, Korea, and Southwest Asia for a combined total of 3 years, 7 months, and 24 days during the period covered by his DD Form 214.  Therefore, he is entitled to have this foreign service shown in item 12f of his DD Form 214.  

2.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.







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 item 12f of his DD Form 214 to show 3 years, 7 months, and 24 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)                                         AR20110005887



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ABCMR Record of Proceedings (cont)                                         AR20110005887



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