IN THE CASE OF:  

		BOARD DATE:  12 December 2017

		DOCKET NUMBER:  AR20160004762


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


		IN THE CASE OF:  

		BOARD DATE:  12 December 2017

		DOCKET NUMBER:  AR20160004762


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.


		IN THE CASE OF:  

		BOARD DATE:  12 December 2017

		DOCKET NUMBER:  AR20160004762


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 his foreign service in Korea on the Demilitarized Zone.

2.  The applicant states there is no mention of his service in Korea on his DD Form 214.

3.  The applicant provides a copy of page 1 of his DA Form 2-1 (Personnel Qualification Record).

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 5 March 1986. 

3.  The applicant provides and his record contains DA Form 2-1.  Item 5 (Oversea Service) shows he served in Korea due to permanent change of station (PCS) for the periods 7 December 1987 to 9 December 1988 and 24 June 1991 to 23 June 1992.

4.  On 11 December 1991, he was discharged due to patterns of misconduct with an under honorable conditions (general) character of service.  His DD Form 214 shows he completed 1 year, 5 months and 19 days of foreign service.

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service In (Name of Country Deployed) From (Inclusive Dates for Example, YYYYMMDD - YYYYMMDD)." Army Regulation 635-5 does not provide for listing PCS moves to foreign locations on the DD Form 214.

DISCUSSION:

The Army regulation governing the preparation of separation documents at the time of the applicant's discharge only provides for annotating deployed service on a Soldier's DD Form 214.  The applicant's tours of duty in Korea were not deployments, but rather PCS moves.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160004762



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160004762



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2