IN THE CASE OF: BOARD DATE: 28 August 2012 DOCKET NUMBER: AR20120005078 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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a total of 3 years of foreign service. 2. The applicant states he just realized the total amount of his foreign service is incorrect. He would like a DD Form 215 (Correction to DD Form 214) to show the correct total of foreign service for his service in Panama. This will be used for personal pride as well as for seeking benefits. Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he left the 20th Infantry, Fort Clayton, Panama, for Fort Polk, LA, on 31 January 1984 and arrived at Fort Polk on 3 February 1984, thus making his tour of duty in Panama from 31 March 1982 to 31 January 1984. 3. The applicant provides Section VII of his DA Form 2-1 and his DD Form 214. 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 military record shows he enlisted in the Regular Army on 23 February 1979. He completed training and was awarded military occupational specialty 19D (Calvary Scout). 3. Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Panama from 31 March 1982 through 31 January 1984, a period of 1 year and 10 months. Section VII of this form also shows he served in Panama from 31 March 1982 through 31 January 1984. 4. He served on active duty through two reenlistments until he was honorably discharged on 25 September 1985 at the expiration of his term of service. He was credited with completing 6 years and 6 months of net active service. Item 12f of his DD Form 214 shows he was credited with 1 year and 8 months of foreign service. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures regarding separation documents. The regulation specified that a DD Form 214 would be prepared for individuals who are retired, discharged, or released from active duty. Foreign service performed during the period covered by the DD Form 214 would be entered in item 12f. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show a credit of 3 years of foreign service has been noted. However, as he stated, the evidence of record shows he served in Panama from 31 March 1982 through 31 January 1984, a period of 1 year and 10 months. He was issued a DD Form 214 crediting him with 1 year and 8 months of foreign service. Therefore, he is entitled to correction to his DD Form 214 to show a credit of 1 year and 10 months of foreign service. Correction of item 12f does not require any adjustment to the other blocks in item 12 (Statement of Service). 2. There is no evidence of record and he provided none to show he completed 3 years of foreign service during his period of active duty from February 1979 to August 1985. Therefore, he is not entitled to correction of his DD Form 214 to show a credit of 3 years of foreign service. 3. In view of the foregoing, the applicant's records should be corrected as indicated below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X ___ ___X____ ___X ___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "01  08  00" from item 12f of his DD Form 214 and replacing it with the entry "01  10  00." 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of item 12f of his DD Form 214 to show a credit of 3 years of foreign service. __________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) AR20120005078 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005078 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1