ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20180014640 APPLICANT REQUESTS: The applicant requests in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) so that it includes missing information. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) 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, in effect, item 18 (Remarks) on his DD Form 214, ending 24 August 2006, states, "DD Form 215 (Correction to DD Form 214) will be issued to provide missing information"; no DD Form 215 was ever issued. 3. The applicant's service records show: a. The applicant enlisted into the Regular Army on 5 November 2004 for a 4-year term. b. The applicant's official military personnel file (OMPF) includes his separation orders, dated 28 July 2006, which state he was being discharged due to disability. He was awarded a 10 percent disability rating; in addition, he was authorized disability severance pay (no disability documentation is available in his OMPF). c. On 24 August 2006, he was honorably discharged due to disability. His DD Form 214 shows: * item 12f (Record of Service – Foreign Service): "SEE BLOCK #18" * item 18 (Remarks): "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION//DISABILITY SEVERANCE PAY – $6,004.80//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS" d. The applicant's OMPF includes an Enlisted Record Brief, dated 2 May 2006. Section I (Assignment Information – OS (overseas service)/Deployment Combat Duty) is blank. Section IX (Assignment Information) reflects assignments in Korea between 28 June 2005 and 30 April 2006 (10 months and 3 days). 4. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, provided guidance for the preparation of the DD Form 214. It stated: * item 12f showed the total amount of foreign service completed during the period of the report * item 18 was to serve as a continuation block for other items on the DD Form 214, along with any mandatory comments required by Department of the Army BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief. The Board agreed that there was evidence that an error had occurred. Evidence indicates that the applicant’s DD For 214 did not account for the applicant’s service in Korea. The applicant’s DD Form 214 ending 24 August 2006 states that a DD Form 215 will be issued to provide missing information, but the record is void of this document. 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 ending 24 August 2006 by adding to item 12f (Foreign Service) the entry "10 months, 3 days" and adding to item 18 (Remarks) "Korea, 28 JUN 05 – 30 APR 06." 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the 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. 2. AR 635-5 (Separation Documents), in effect at the time, provided guidance for the preparation of the DD Form 214. It stated: * item 12f showed the total amount of foreign service completed during the period of the report * item 18 was to serve as a continuation block for other items on the DD Form 214, along with any mandatory comments required by Department of the Army //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014640 4 1