BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150005927 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: 5 May 2016 DOCKET NUMBER: AR20150005927 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the current entries from items 12c and 12f and replacing them with the entries: * in item 12c – “00 08 19” * in item 12f – “00 04 11” ___________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: 5 May 2016 DOCKET NUMBER: AR20150005927 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 two applications, correction of items 12c (Net Active Service this Period) and 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: a. his net service performed from 7 July 1987 to 25 March 1988 equates to more than 5 months and 19 days; b. he arrived at Fort Wainwright, Alaska on 15 November 1987 where he immediately received orders reassigning him to Fort Richardson, Alaska; c. he arrived to Fort Richardson, Alaska on 17 November 1987 where he remained until he was discharged from the Army on 25 March 1988; and d. he completed 4 months and 10 days of foreign service instead of 3 months and 17 days. 3. The applicant provides the following documents in support of his application: * DD Form 214 * two assignment orders * DA Form 2496 (Disposition Form) * Department of Veteran Affairs (VA) Board of Veterans Appeals Notice with Appeal Decision Docket Number 90-52 067 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 7 July 1987. Upon completion of initial entry training he was awarded military occupational specialty (MOS) 96R (Ground Surveillance Systems Operator). 3. United States Army Garrison (USAG), Fort Huachuca, Arizona, published Orders Number 205-2, dated 22 October 1987. It announced the applicant’s reassignment to the 6th Replacement Detachment, Fort Wainwright, Alaska with an availability date of 15 November 1987. 4. Headquarters, 6th Infantry Division and USAG (Light), Fort Wainwright, Alaska, published Orders Number 248-101, dated 17 November 1987. It shows the applicant was released from assignment to Replacement Company, Fort Wainwright, Alaska, by way of diversion, and reassigned to 6th Infantry Division Replacement Company, Fort Richardson, Alaska, with a report date of 17 November 1987. 5. On 25 March 1988, the applicant was honorably released from active duty (AD) (REFRAD) by reason of “Did not Meet Procurement Medical Fitness Standards – No Disability.” The DD Form 214 issued him at that time includes the following entries: * Item 8 (Station Where Separated) “Ft Richardson, AK” * item 12a( "87 07 07" * item 12b (Separation Date This Period) "88 03 25" * item 12c “00 05 19” * item 12f “00 03 17” REFERENCES: Army Regulation 635-8 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains item-by-item instructions for preparing the DD Form 214 and states for: * item 12a, enter the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued * item 12b, enter the Soldier's transition date * item 12c, enter the amount of service completed during the period covered by the DD Form 214, which is computed by subtracting item 12a from 12b * item 12f, enter the total amount of foreign service during the period covered by the DD Form 214 DISCUSSION: 1. The applicant contends items 12c and 12f of his DD Form 214 should be corrected. There is sufficient evidence to support his claim. 2. The evidence of record confirms the applicant’s active duty service from 7 July 1987 to 25 March 1988, totals 8 months and 19 days. Item 12c of his DD Form 214 currently lists 5 months and 19 days net active service. Therefore, this entry should be corrected accordingly at this time. 3. Official orders shows the applicant’s combined service at Fort Wainwright and Fort Richardson, Alaska from 15 November 1987 through 25 March 1988, totals 4 months and 11 days foreign service. Therefore, item 12f of his DD Form 214 should be corrected to show this service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005927 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005927 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2