BOARD DATE: 15 Jun e 2017 DOCKET NUMBER: AR20160001707 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: 15 Jun e 2017 DOCKET NUMBER: AR20160001707 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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 December 1995, to show he was credited with 2 years, 11 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: 15 Jun e 2017 DOCKET NUMBER: AR20160001707 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in the Republic of Panama. 2. The applicant states he served 3 years in the Republic of Panama; however, his DD Form 214 does not reflect this service. 3. The applicant provides: * Orders 11-104, issued by Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, MO on 11 January 1991 * Orders 221-8, issued by Headquarters, U.S. Army South on 14 September 1993 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 3 January 1991. 3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: a. Item 5 (Oversea Service), he was credited with service in Panama from 17 January 1991 through 5 January 1994, a period of 2 years, 11 months, and 20 days. b. Item 35 (Record of Assignments), he was assigned to Company B, 193rd Support Battalion, Fort Clayton, Panama. 4. The applicant was honorably discharge on 11 December 1995, by reason of holiday early release program, following his completion of 4 years, 11 months, and 9 days of net active service. His DD Form 214 shows in: a. Item 12f (Record of Service – Foreign Service), the entry "0000 00 00," indicating he was not credited with the completion of any foreign service; and b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Humanitarian Service Medal * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 5. The applicant provides the following in support of his application: a. Orders 11-104, issued by Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, MO on 11 January 1991, which assigned him from Fort Leonard Wood, MO to the Republic of Panama effective 17 January 1991. b. Orders 221-8, issued by Headquarters, U.S. Army South on 14 September 1993, which assigned him from the Republic of Panama to Fort Benning, GA effective 5 March 1994. 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: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in the Republic of Panama was carefully considered. 2. The evidence of record shows the applicant was assigned to Company B, 193rd Support Battalion, Fort Clayton, Panama, as a permanent change of station for a period of 2 years, 11 months, and 20 days. This was the only foreign service assignment he had during his period of active military service. This foreign service is not reflected in item 12f of his 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) AR20160001707 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001707 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2