ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170019384 APPLICANT REQUESTS: correction to item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 July 2017 to show he completed "11 months" of foreign service instead of "1 year and 9 months." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, separation date 31 July 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, he believes the deployment date was the result of a typo of his main deployment year from 2013 to 2012. He deployed to Afghanistan in mid-October 2012 to early or mid-November 2012 and spent approximately 3 to 4 weeks there; about 1 month. The following year he deployed from 9 April 2013 to 4 February 2014; 10 months. 3. On 27 September 2007, the applicant entered active duty to fulfill his Regular Army requirement of 3 years. 4. Orders: HO-053-0015, Headquarters III Corps and Fort Hood, dated 22 February 2013, shows the applicant was ordered to deploy in support of Operation Enduring Freedom in Kabul, Afghanistan. His record is void of orders which show additional active duty periods of service for overseas assignments or deployments. 5. On 31 July 2016, he was retired from active duty. His DD Form 214 contains the following information: a. Item 12f (Foreign Service) shows he completed 1 year, 9 months and 26 days of foreign service. b. Item 18 (Remarks) shows: * "SERVED IN A DESGNATED IMMINENT DANGER PAY AREA" * "SERVICE IN AFGHANISTAN 20120209 – 20140204" 6. An email from the Defense Finance and Accounting Service (DFAS), dated 5 January 2018, states the applicant was in Afghanistan in a combat zone during his period of service from 1 October 2012 through 30 November 2012 (2 months) and from 1 April 2013 through 28 February 2014 (10 months and 28 days). The total foreign service, based on the information provided by DFAS, for both periods is 1 year and 28 days. 7. Army Regulation 635-8 (Separation Processing and Documents) states that the total foreign service completed during the period covered will be entered in item 12f of the DD Form 214. This same regulation states that in item 18 (Remarks) should include the following statement for active duty Soldiers deployed with their unit "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)." BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions were carefully considered. Based upon a review of his record, the Board agreed his Foreign Service accumulated time should show 1 year and 28 days. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 his DD Form 214 for the period ending 31 July 2016 by: * amending item 12f to show the entry “01 00 28” * deleting in item 18 “Service in Afghanistan from 20120409-20140204; and * adding to item 18 “Service in Afghanistan 20121001-20121130” and “Service in Afghanistan 20130401-20140228” 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. 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. It states for: a. Block 12f (Foreign Service) 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. b. Block 18 (Remarks) for Reserve Component (RC) Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in 1, 2, and 3, below in succession. For RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and stationed in CONUS enter statements in 1 and 3, below. For active duty Soldiers deployed with their unit during their continuous period of active service, enter only the statement in 2, below. (1) “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section).” (2) “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” (3) “SOLDIER HAS/HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST–SERVICE BENEFITS AND ENTITLEMENTS.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019384 0 3 1