IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005336 


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, in effect, item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended.  

2.  The applicant states his overseas service in Korea for Project Team Spirit in 1980 is not indicated on his DD Form 214. 

3.  The applicant provides no documentary evidence.

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.  He enlisted in the Regular Army on 5 September 1979 for a period of 3 years.  He completed his training and was awarded military occupational specialty 11B (infantryman).  On 2 November 1981, he was retired by reason of permanent disability.  

3.  Item 12f of his DD Form 214 shows he served 1 year and 5 months of foreign service.  

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Hawaii from 2 January 1980 through 31 May 1981, a total of 1 year and 5 months.

5.  There is no evidence of record which shows he served an overseas tour in Korea.

6.  Exercise Team Spirit was a joint military training exercise of United States Forces Korea and the Military of South Korea held between 1976 and 1993.  The 25th Infantry Division airlifted some 5,000 troops to Korea in order to participate in the annual exercise.

7.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on eligibility and selection criteria for overseas service in a permanent change of station (PCS) status, and establishment of tour lengths for overseas areas.  Deployments for operational, civil, humanitarian, counter-drug, OCONUS (foreign) major training exercises and United Nations Staff and Special Forces Teams are not counted as overseas tours.  Likewise, Soldiers on permanent overseas tours are not considered deployed when participating in such activities.

DISCUSSION AND CONCLUSIONS:

1.  Although he contends he served in Korea in 1980, there is no evidence of record and he provided no evidence to support that he served an overseas tour in Korea.  

2.  Evidence shows he served in Hawaii from 2 January 1980 through 31 May 1981 which is properly shown in item 12f of his DD Form 214.  If the applicant deployed to Korea as a participant in Exercise Team Spirit, such deployment would not be reflected in his records and would not constitute an overseas tour.

3.  Based on the foregoing, there is insufficient evidence on which to amend item 12f of his DD Form 214. 



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)                                         AR20110005336





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ABCMR Record of Proceedings (cont)                                         AR20110005336



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