IN THE CASE OF: BOARD DATE: 14 June 2018 DOCKET NUMBER: AR20160008632 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 14 June 2018 DOCKET NUMBER: AR20160008632 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 26 September 2007 to show 1 year and 6 months of foreign service. 2. The applicant states he had previously completed 1 year and 6 months of foreign service during his first enlistment (January 1969 to April 1972). 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 April 1972 * DD Form 214 for the period ending 26 September 2007 * 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 7 January 1969 and he held military occupational specialty 98C (Traffic Analyst). He served in Japan from July 1970 to January 1972, a period of 1 year and 6 months. 3. He was honorably released from active duty on 3 April 1972 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 4. His DD Form 214 for this period of service shows he completed 3 years, 2 months, and 27 days of active service, of which 1 year and 6 months was foreign service (shown in item 22c (Foreign and/or Sea Service)). 5. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 12 July 1978. 6. He entered active duty on 12 June 1985 and he was honorably released from active duty under the Early Release Program on 15 December 1993. He was again transferred to the U.S. Army Reserve Control Group (Reinforcement). 7. On 2 February 2001, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 8. On 17 May 2004, he entered active duty in support of Operation Enduring Freedom. He was assigned as Chief, Mobilization and Readiness Ministries, at Fort McCoy, WI. 9. He was honorably released from active duty on 16 September 2007. His DD Form 214 for this period of service shows he completed 3 years, 4 months, and 10 days of active service and no foreign service (shown as "0000-00-00" in item 12f (Foreign Service)). 10. He was placed on the retired list in his retired grade of colonel on his 60th birthday in September 2007. REFERENCE: Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It states the DD Form 214 is the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. Paragraph 5-6 (Rules for Completing the DD Form 214) states, for block 12f, enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in block 12c. In addition, list periods of deployed service in block 18. DISCUSSION: 1. The applicant previously served as an enlisted Soldier from 7 January 1969 to 3 April 1972, during which he completed 1 year and 6 months of foreign service in Japan from July 1970 to January 1972. His DD Form 214 for this period of service shows he completed 3 year, 2 months, and 27 days of active service, of which 1 year and 6 months was foreign service, as shown in item 22c of this DD Form 214. 2. The applicant also served as a commissioned officer. He entered active duty on 17 May 2004 and he was honorable released from active duty on 26 September 2007. His DD Form 214 for this period of service does not show any foreign service because he did not complete any during this period. Item 12f shows the total amount of service performed outside the continental United States during the period covered by the DD Form 214. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160008632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008632 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2