BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001574 BOARD VOTE: ___x______ __x_____ _x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001574 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by amending item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was credited with 9 months and 20 days 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. BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001574 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 item12f (Foreign Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her 10 months and 6 days foreign service in the Persian Gulf. 2. The applicant states the personnel clerk did not complete item 12f of her DD Form 214 in accordance with the appropriate regulations. Item 18 (Remarks) of her DD Form 214 lists her foreign service performed during the Persian Gulf War from 24 August 1990 to 13 June 1991. 3. The applicant provides a copy of her DD Form 214 in support of her request. 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 30 November 1989. 3. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) shows she was credited with service in Saudi Arabia from 24 August 1990 to 13 June 1991, a period of 9 months and 20 days. 4. On 28 July 1993, the applicant was honorably released from active duty. She completed 3 years, 7 months, and 29 days of net active service. Her DD Form 214 shows in: * Item 12f – 0000 00 00 * Item 18 (Foreign Service) – the entry “SERVICE IN SWA 24 AUG 1990 TO 13 JUNE 1991.” REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. Chapter 2 contained specific guidance for preparation of the DD Form 214. It stated for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 by obtaining the foreign service listed in item 5 of DA Form 2-1 for enlisted Soldiers. DISCUSSION: The evidence of record confirms the applicant served in Southwest Asia from 24 August 1990 to 13 June 1991, as shown in item 5 of her DA Form 2-1 and item 18 of her DD Form 214. This foreign service totaling 9 months and 20 days is not currently shown in item 12f of the applicant’s DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001574 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001574 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2