BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150011228 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 BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150011228 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. BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150011228 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 South Korea. 2. The applicant states his DD Form 214 shows completion of 1 year of foreign service but does not state where this foreign service took place. He would like his discharge document to show his service in South Korea so he can join a veterans? service organization. 3. The applicant provides his DD Form 214. 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. Aside from his DD Form 214 and separation orders, the applicant's Regular Army (RA) records are not available for review with this case. His DD Form 214 shows he enlisted in the RA on 31 July 1985. At the time of his separation, he held an infantry specialty. 3. On 14 April 1989, Headquarters, 5th Personnel Service Company, Fort Polk, LA, published Orders 74-20 reassigning him to the U.S. Army Transition Point for separation. 4. He was honorably released him from active duty on 28 July 1989. His DD Form 214 shows he completed 3 years, 11 months, and 28 days of active service. It also shows in: * Item 12f (Foreign Service), 1 year * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Army Lapel Button, Good Conduct Medal, and Army Achievement Medal (1st Oak Leaf Cluster) 5. He enlisted in the Maryland Army National Guard (ARNG) on 29 July 1989. There are no records of his service in or separation from the ARNG. REFERENCE: Army Regulation 635-5 (Separation Documents) 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 retirement, discharge, or release from active duty. The version of the regulation in effect at the time stated that Item 12f shows the total amount of foreign service completed during the period of active duty service covered by the DD Form 214. DISCUSSION: 1. The applicant's RA records are not available for review. There is no evidence in the available record and he did not provide any to show he served in South Korea. Nevertheless, foreign service in a permanent change of station (PCS) status is captured in item 12f of the DD Form 214. There is no provision in the regulation to list the specific country of foreign service in item 12f. 2. The applicant may resubmit his request for reconsideration if he has documentary evidence that confirms his service in Korea, including the dates of arrival and departure. Such evidence may include a DA Form 2-1 (Personnel Qualification Record), award certificate for service in South Korea, PCS orders, or other documentary evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011228 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011228 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2