ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  4 November 2020 DOCKET NUMBER:  AR20190010820 


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 January 1995 to show in: 

a.block 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized) – award of the Overseas Service Ribbon (OSR). 

b.block 18 (Remarks) – "Member Has Completed First Full Term of Service"instead of "Member Has Not Completed First Term of Service." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record), dated 30 June 2019

.Self-authored Statement, dated 30 June 2019

.DD Form 214

.DD Form 215 (Correction to DD Form 214), dated 8 July 1999

.Department of the Army, U.S. Army Reserve Personnel Command, Orders D-11-975750, dated 9 November 1999



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states:

a.Over 2 years of active duty service in Hawaii qualified him for the OSR.  OtherSoldiers he served told him they received to OSR. 

b.He signed up for a 3-year active duty tour.  A massive drawdown was in full forceduring his active duty years 1992 to 1995.  In 1994 his chain of command told him he needed to take an 'early out' or a 'school drop' if he was not going to stay in the Army.  They informed him he needed to submit a letter of acceptance if he was going to school 
after he got out of the Army and he would receive an 'early out' or school drop' according to his command's strong suggestion.   

c.It seems odd that his DD Form 214 states he did not complete his first full term ofservice when he was more or less ordered to take an early out or school drop.  The statement was not listed on other Soldier's DD Forms 214. 

d.He has already made numerous corrections to his DD Form 214, adding twoArmy Achievement Medals and the Expert Marksmanship Qualification Badge with Grenade Bar. 

3.On 31 March 1992, the applicant enlisted in the Regular Army for a period of3 years.

4.His DA Form 3286-66 (Statement of Understanding – United States Army IncentiveEnlistment Program), shows his enlistment in the Regular Army was for the U.S. ArmyLoan Program for a period of 3 years.

5.His DA Form 2-1 (Enlisted Qualification Record – Part II) shows:

.he served in Hawaii from 24 July 1992 to 4 January 1995, 26 months

.he was awarded or authorized:



.Army Service Ribbon

.National Defense Service Medal

.Air Assault Badge

.Army Good Conduct Medal

.Army Lapel Button



6.On 4 January 1995, he was honorably released from active duty.  His DD Form 214shows he was separated in accordance with Army Regulation 635-200 (PersonnelSeparations), paragraph 5-17 (Attend School), Separation Code MCF.  His
DD Form 214 further shows in:

a.Block 12c (Net Active Service This Period) 2 year, 9 months, and 4 days.

b.Block 13 (Decorations, Medals, Badges, Citations and Campaign RibbonsAwarded or Authorized) 

.Army Lapel Button

.Army Good Conduct Medal

.National Defense Service Medal

.Army Service Ribbon


.Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

.Air Assault Badge



c.block 18, in part, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OFSERVICE." 

7.By regulation (AR 635-5), the mandatory entry:  "Soldier (has)(has not) completedfirst full term of service" was to be entered based on the Soldiers' original contract andto verify statement that applied.  To determine if an enlisted Soldier has completed thefirst full term of enlistment, refer to the enlistment contract and any extensions to thoseinitial enlistment documents and compare the term of enlistment to the net service inblock 12c of the DD Form 214.  If Soldier has completed or exceeded the initialenlistment, enter "HAS."  If block 12c of the DD Form 214 is less than the Soldier’scommitment, enter "HAS NOT."

8.By regulation (AR 635-5-1), Separation Code MCF is assigned to Soldiers whovoluntarily separate from active duty to attend school.

9.By regulation (AR 600-8-22), the Overseas Service Ribbon is awarded to membersof the U.S. Army for successful completion of overseas tours.  Soldiers must be creditedwith a normal overseas tour completion according to AR 614-30 (Assignments, Details,and Transfers).



BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted.  The Board carefully considered the applicants request, supporting documents and evidence in the records.  The Board considered the applicant’s statement, his record of service, documents provided by the applicant, the reason for his separation and regulatory guidance.  Per regulatory guidance the applicant did notmeet the minimum overseas tour length of 36 months as required for assignment in Hawaii.  Furthermore, the applicant did not complete his initial 3-year enlistment term, he served only 2 years and 9 months.  The Board determined the applicant’s records are correct and denied relief.   


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

XXX XXX XXX 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. 

XCHAIRPERSON

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. 

REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, andadministrative instructions concerning individual and unit military awards.  TheOverseas Service Ribbon is awarded to members of the U.S. Army for successfulcompletion of overseas tours.  Soldiers must be credited with a normal overseas tourcompletion according to Army Regulation 614-30 (Assignments, Details, and Transfers).

3.  Army Regulation 614-30 (Assignments, Details, and Transfers), in effect at the time, provided guidance for eligibility and selection criteria for overseas service in a permanent change of station, temporary change of station, and temporary duty status under routine conditions as well as during mobilization, contingency operations and deployments.  Table B-1 established the minimum overseas tour length in Hawaii as 36 months. 
 
4.  Army Regulation 635-5 (Personnel Separations – Separations Documents), in effect at the time, prescribed the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation and distribution of DD Form 214.  Block 18 instructions stated to enter Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for selected entries.  Mandatory entry: "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE".  Review soldiers' original contract and enter statement that applies.  This information assists the State in determining eligibility for unemployment compensation entitlement.  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment contract and any extensions to those initial enlistment documents and compare the term of enlistment to the net service in block 12c of the DD Form 214.  If Soldier has completed or exceeded the initial enlistment, enter “HAS.”  If block 12c of the DD Form 214 is less than the Soldier’s commitment, enter “HAS NOT.” 
 
5.  Army Regulation 635-5-1 (Separation Program Designators (SPD)), in effect at the time, prescribed the specific authorities, the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The SPD code "MCF" corresponded to a voluntary release from active duty or transfer and the narrative reason to attend school. 
 
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