IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004337 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. 2. The applicant states, in effect, that he served in Korea from 9 December 1981 to 7 December 1982 and this foreign service is not reflected on his DD Form 214. 3. The applicant provides his: * DD Form 214 * Orders 025-0219, dated 25 January 2005 * DA Form 2-1 (Personnel Qualification 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 retired on 31 July 2005, after completing over 24 years of active service. Item 12f of his DD Form 214 shows he completed 11 years, 4 months, and 28 days of foreign service. 3. His DA Form 2-1 shows in Item 5 (Oversea Service) the following assignments: * Korea, 9 December 1981 to 7 December 1982 (11 months and 29 days) * Germany, 3 March 1986 to 13 June 1989 (3 years, 3 months, and 11 days) * Saudi Arabia, 27 September 1990 to 18 April 1991 (6 months and 23 days) * Hawaii, 9 November 1992 to 21 August 1995 (2 years, 9 months, and 13 days) * Germany, 11 November 1997 to 22 September 2000 (2 years, 10 months, and 12 days) 4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 22 March 2004 to 22 February 2005 (11 months). 5. His total foreign service as noted above is 11 years, 4 months, and 28 days. 6. On 10 July 2015, he was issued a DD Form 215 (Correction of DD Form 214) adding the Korea Defense Service Medal and the Iraq Campaign Medal with two bronze service stars to his DD Form 214. 7. Army Regulation 635-5 (Separation Document) governed the preparation of the DD Form 214. The regulation stated to list all foreign service credit performed during the period covered by the DD Form 214 in item 12f. The regulation in effect at the time did not provide for listing the name of the country and the inclusive dates. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form to show his foreign service in Korea. 2. The sum of his foreign service, including his tour in Korea, totals 11 years, 4 months, and 28 days, and this foreign service is correctly recorded in item 12f of his DD Form 214. 3. There is no regulatory requirement to list the overseas location on the DD Form 214. However, the award of the Korea Defense Service Medal is confirmation of his foreign service in Korea. This award is listed on his DD Form 215, dated 10 July 2015. 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) AR20150004337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1