IN THE CASE OF:	

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009443 


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 in Korea for Team Spirit from January to April 1983 and January to April 1984.

2.  The applicant states he needs an accurate DD Form 214 in order to be a Veterans of Foreign Wars District Officer.  He was deployed to Korea in the timeframes stated above.

3.  The applicant provides a statement of support.

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 22 September 1981.  He served in the 125th Signal Battalion, 25th Infantry Division, Hawaii, from 17 March 1982 to 19 September 1984.

3.  He was honorably released from active duty on 20 September 1984 and he was transferred to the U.S. Army Reserve.

4.  Item 12f (Foreign Service) of the DD Form 214 he was issued shows he completed 2 years, 6 months, and 3 days of foreign service.

5.  The applicant provides a statement of support, dated 5 May 2013, wherein a former team leader stated he served in the 125th Signal Battalion in 1983 with the applicant and every year the 25th Infantry Division participated in Team Spirit in South Korea.  His team, which included the applicant, traveled to South Korea in mid-January 1983 and did not return until mid-April 1983.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated in item 12f enter the total active duty time outside the continental United States (OCONUS) for the period covered by the DD Form 214.  There were no provisions to enter on the DD Form 214 the dates or countries a Soldier may have completed unit training exercises in during the period covered by the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

Item 12f of the applicant's DD Form 214 properly shows the total time he served OCONUS while assigned to the 125th Signal Battalion, Hawaii.  There were no provisions in the governing regulation to add the dates or countries a Soldier may have completed unit training exercises in to the DD Form 214.  Therefore, he is not entitled to the requested relief.  

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)                                         AR20130009443



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ABCMR Record of Proceedings (cont)                                         AR20130009443



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