IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150016342 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 IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150016342 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 deleting the existing entry "00  01  02" from item 12f of the applicant's DD Form 214 ending on 3 December 1982, and adding the entry "0001  01  02." ___________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: 26 January 2017 DOCKET NUMBER: AR20150016342 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) for the period ending 3 December 1982 to show completion of 1 year, 1 month, and 2 days instead of only 1 month and 2 days of foreign service. 2. The applicant states he recently discovered the administrative error when he applied for and received the Korea Defense Service Medal. 3. The applicant provides: * Orders 82-4, dated 6 April 1979 * Orders 32-1, dated 6 February 1980 * Orders 116-29, dated 1 May 1980 with endorsement * DD Form 214, ending on 3 December 1982 * DD Form 214, ending on 15 June 2007 * DD Form 215 (Correction to 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. The applicant enlisted in the Regular Army on 28 November 1978 and he held military occupational specialty (MOS) 71P (Flight Operations Coordinator). 3. Orders Number 82-4, issued by Headquarters, 2nd Infantry Division, Korea on 6 April 1979 assigned him to the 4th Squadron, 7th Cavalry, effective 7 April 1979. 4. While in Korea he was promoted to E-4 on 22 October 1979 and awarded the Army Commendation Medal for service from 3 April 1979 to 1 April 1980. 5. Orders 33-21, as amended, issued by Headquarters, 2nd Infantry Division, Korea, on 6 February 1980, reassigned him based on a permanent change of station (PCS) to Fort Sill, OK, with an availability date of 1 April 1980 (amended to 3 May 1980) and a reporting date of 2 May 1980 (amended to 8 June 1980). 6. An endorsement to Orders 116-29, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, assigned him to Headquarters and Headquarters Battery of the Center, effective 29 May 1980. 7. He was honorably released from active duty on 3 December 1982. His DD Form 214 shows he completed 4 years of active service. Item 12f (Foreign Service) credited him with "00  01  02" (1 month and 2 days) of foreign service. REFERENCES: 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: The applicant served in Korea from on or about 3 April 1979 (based on his award of the Army Commendation Medal) to on or about 3 May 1980 (based on his PCS orders and amendments). Based on this data he completed 1 year, 1 month, and 2 days of foreign service. His DD Form 214 incorrectly credited him with only 1 month and 2 days. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016342 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2