BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160016135 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: 27 June 2018 DOCKET NUMBER: AR20160016135 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: 27 June 2018 DOCKET NUMBER: AR20160016135 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to list her assignments with the 52nd Medical Battalion, Korea from 1985-1986 and with the 22nd Chemical Company, 3rd Armored Division, Hunter Airfield, Savannah, GA from 1989-1991. 2. The applicant states, in effect, based on a name change and the missing information, her DD Form 214 is incorrect. 3. The applicant provides: * DD Form 214 * Enlisted Record Brief * Permanent Orders 082-07 * DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) * Classified Information Disclosure Agreement 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 22 September 1981. 3. There is no evidence in the applicant's official military personnel file that shows she deployed with her unit. 4. On 30 September 2005, the applicant honorably retired by reason of sufficient service for retirement. She completed 24 years and 9 days of creditable active service. 5. The applicant provides a Classified Information Nondisclosure Agreement dated 21 May 1986, which identifies her organization as Headquarters and Headquarters Detachment, 52nd Medical Battalion (Provisional). She further provides an NCOER dated 26 June 1990, that identifies her unit as Headquarters and Headquarters Company, 3rd Armored Division, United States Army Europe (USAREUR). REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribes 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: a. For block 18 (Remarks), use this block for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized), and 14 (Military Education). b. 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)." 2. Army Regulation 635-5 does not provide for listing permanent change of station (PCS) moves on the DD Form 214. DISCUSSION: 1. The applicant contends her foreign service tours in Korea and USAREUR as well as an assignment at Hunter Airfield, Savannah, GA should be reflected on her DD Form 214. 2. The Army regulation governing the preparation of separation documents at the time of her retirement only provides for annotating deployed service on a Soldier's DD Form 214. There is no evidence she ever deployed to these locations. Her tours of duty were not deployments, but rather PCS moves. 3. In view of the foregoing, there is no regulatory basis to grant the applicant's requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016135 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016135 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2