ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170019586 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 13 May 1991 to show his total prior active service and foreign service from his previous DD Form 214, for the period ending 21 July 1983. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, for the period ending 21 July 1983 * DD Form 214, for the period ending 13 May 1991 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 board will not consider the portion of the applicant request pertaining to his total prior active duty service; this portion of his request be administratively corrected. 3. The applicant states his foreign service was not carried over from his previous issued DD Form 214. 4. The applicant enlisted in the Regular Army on 31 July 1979. 5. The applicant was honorably discharged on 21 July 1983 by reason of expiration of term of service and transferred to the U.S Army Reserve (USAR) Control Group (Reinforcement). The DD Form 214 he was issued shows in: a. Item 12a (Date Entered AD (Active Duty) This Period), the entry "79 07 31." b. Item 12b (Separation Date This Period), the entry "83 07 21." c. Item 12c (Net Active Service This Period), the entry "03 11 21" representing he served 3 years, 11 months, and 21 days of net service this period. d. Item 12d (Total Prior Active Service), the entry "00 00 00" representing he had no previous active duty service. e. Item 12f (Foreign Service), the entry "02 01 28" representing he served two years, one month, and 28 days of completed foreign service. 6. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) show the applicant enlisted in the Alabama Army National Guard (ALARNG) on 20 October 1989. Subsequently, he was ordered to active duty in support of Operation Desert Shield/Storm and entered active duty on 27 September 1990. 7. The applicant was honorably release from active duty and transferred back to the ALARNG on 13 May 1991. The DD Form 214 he was issued shows in: a. Item 12a (Date Entered AD This Period), the entry "90 09 27." b. Item 12b (Separation Date This Period), the entry "91 05 13." c. Item 12c (Net Active Service This Period), the entry "00 07 17" representing he served 7 months and 17 days of net service this period. d. Item 12d (Total Prior Active Service), the entry "00 00 00" representing he had no previous active duty service. e. Item 12f (Foreign Service), the entry "00 05 11" representing he served five months and 11 days of completed foreign service. 8. A review of the applicant's record contains no additional documents or separation documents that shows he had any additional active duty or foreign service time. 9. Army Regulation 635-5 (Separation Documents), dated 2 October 1989, states for item 12d to enter the total amount of prior active military service less lost time, if any. If there was no prior active service, enter 00 00 00. For item 12f to enter the total amount of foreign service completed during the period covered in block 12c. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The administrative notes by the analyst of record corrected his prior active service dates. The Board considered correcting his Foreign Service data on the DD Form 214 for the period ending 13 May 1991. Regulatory guidance provides for the entry of Foreign Service during the period covered by the DD Form 214. Prior Foreign Service that was completed before the beginning period of the DD Form 214 is not added to the form. Based upon regulatory guidance, the Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. ADMINISTRATIVE NOTE(S): Correct item 12d of his DD Form 214 for the period ending 13 May 1992 to add the entry "03 11 21." 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 635-5 (Separation Documents), dated 2 October 1989, prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Table 2-1 contained guidance on the preparation of the DD Form 214. a. Item 12c enter the amount of service this period (subtract 12a from 12b). Lost time under statutory code and non-creditable time after expiration term of service, if any, will be deducted. b. Item 12d enter the total amount of prior active military service less lost time, if any. If there was no prior active service, enter 00 00 00. c. Item 12f enter the total amount of foreign service completed during the period covered in block 12c. ----NOTHING FOLLOWS---- ABCMR Record of Proceedings (cont) AR20170019586 4 1