IN THE CASE OF: BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014537 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014537 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. IN THE CASE OF: BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014537 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 he served in the Demilitarized Zone (DMZ) in Korea. 2. The applicant states the clerk who processed his DD Form 214 failed to add his foreign service dates in the area with the duty station remarks. He understands the Army regulation has changed regarding the Combat Infantryman Badge authorization on the location of occurrence and military occupational specialty (MOS). His MOS was 11B (Infantry) with an infantry unit in the DMZ at Panmunjom. The Board should consider that units assigned to the DMZ in Korea were under constant hostile threat to include small arms attacks by North Korea. 3. The applicant provides his 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. Having had prior service, the applicant enlisted in the Regular Army on 13 October 1981 and he held MOS 11B (Infantryman). 3. Following completion of MOS training, he served in Korea from 15 February 1982 to 9 February 1983, a period of 11 months and 25 days. He was assigned to the Joint Security Area (JSA) Battalion. 4. He was honorably released from active duty on 12 October 1984 and he was transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation. 5. His DD Form 214 shows he completed 3 years of active service. Item 12f (Foreign Service) shows he completed 11 months and 25 days of foreign service. REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 12f lists the total foreign service completed outside continental United States during the period covered by the DD Form 214. DISCUSSION: 1. The evidence of record shows the applicant served in Korea from 15 February 1982 to 9 February 1983, a period of 11 months and 25 days. His DD Form 214 credited him with 11 months and 25 days of foreign service. 2. The regulation in effect at the time required an entry for the total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 12f which is correctly shown on his DD Form 214. 3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. There is no provision in the governing regulation to list assignment from one unit to another or service in the DMZ on this form. The applicant may use this Record of Proceedings to confirm his service in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014537 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2