IN THE CASE OF:  BOARD DATE:  19 March 2020 DOCKET NUMBER:  AR20190011118 


APPLICANT REQUESTS:  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served about 2 years in the Demilitarized Zone (DMZ) in Korea, which was a combat environment.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Personal Statement

.Military Pay Voucher

.DA Form 2-1 (Personnel Qualification Record)



FACTS: 

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

2.The applicant states the 2 years that he spent in the DMZ “JSA [Joint SecurityArea],” 3rd Brigade was considered a combat zone at the time.

3.He enlisted in the Regular Army on 31 January 1977 and his DA Form 2-1 shows heheld military occupational specialty 94B (Food Service Sergeant) most of his militarycareer.  He completed Foreign Service in:

.Korea from 22 March 1970 through 9 July 1971 (16 months)

.Hawaii from 28 February 1974 through 30 January 1978 (48 months)

.Korea from 2 June 1980 through 4 September 1985 (72 months)



4.On 31 December 1988, he was honorably retired due to length of service, in paygrade E-7.  His DD Form 214 shows he completed 20 years and 25 days of activeservice.  Item 12f (Foreign Service) shows he completed 6 year, 2 months, and 31 days.

5.Army Regulation 635-5 (Separation Documents), in effect at the time, establishedthe standardized policy for preparing and distributing the DD Form 214.  The
DD Form 214 is a summary of a Soldier's most recent period of continuous active service and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 12f lists the total Foreign Service completed outside the continental United States during the period covered by the DD Form 214.   

6.The applicant provides a personal statement, military pay voucher, and a DA Form2-1 in support of his request.

7.The evidence of record shows the applicant served in:

.Korea from 22 March 1970 through 9 July 1971 (1 year, 3 months, and 17 days)

.Korea from 2 June 1980 through 4 September 1985 (5 years, 3 months, and


2 days)
.Hawaii from 28 February 1974 through 30 January 1978 (3 years, 11 months,and 2 days)

.His DD Form 214 incorrectly credited him with 6 years, 3 months, and 1 day offoreign service

.His correct foreign service equals 10 years, 6 months, and 21 days



8.The regulation in effect at the time required an entry for total active service outsidethe continental limits of the United States for the period covered by the DD Form 214 initem 12f which is not correctly shown on the applicant’s DD Form 214.  There is noprovision in the governing regulation to list assignments in the DMZ on the DD Form214.The applicant may use this Record of Proceedings to confirm his service in Korea.

9.In reaching its determination, the Board can consider the applicant's petition, hisservice record, and his statement in light of the published Department of Defenseguidance on equity, injustice, or clemency.

BOARD DISCUSSION: 

After reviewing the application and all supporting evidence, the Board found that partial relief was warranted.   

1.The Board found insufficient evidence to support the applicant’s request forcorrection of his DD Form 214 (Certificate of Release or Discharge from Active Duty) toshow he served about 2 years in the Demilitarized Zone (DMZ) in Korea, which theapplicant states was a combat environment.  The Board agreed that there is insufficientevidence that the applicant was in combat while assigned to the DMZ in Korea.

2.However, the Board found that the applicant’s total foreign service is incorrect on hisDD Form 214.  The Board agreed with the corrections to the applicant’s foreign serviceper the Administrative Notes (below the signature).


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : GRANT FULL RELIEF 

:XX :XX GRANT PARTIAL RELIEF 

: : GRANT FORMAL HEARING 

: :XX : : : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by executingthe actions described in Administrative Note(s) below.

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to the applicant's request for remarks concerning service incombat on the DMZ in Korea.


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. 


ADMINISTRATIVE NOTE(S): 

1.Army Regulation 635-5 (Separation Documents) established the standardized policyfor preparing and distributing the DD Form 214.  The regulation provided, in pertinentpart, that item 12f lists the total foreign service completed outside the continental UnitedStates during the period covered by the DD Form 214.

2.The applicant’s DD Form 214, item 12f should be corrected to show he completed
10 years, 6 months, and 21 days of foreign service.

REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.
2.Army Regulation 635-5 (Separation Documents), in effect at the time, establishedthe standardized policy for preparing and distributing the DD Form 214.  TheDD Form 214 is a summary of a Soldier's most recent period of continuous active dutyand will be prepared for all personnel at the time of their retirement, discharge, orrelease from active duty.  Item 12f lists the total foreign service completed outsidecontinental United States during the period covered by the DD Form 214.

3.On 25 July 2018, the Under Secretary of Defense for Personnel and Readinessissued guidance to Military Discharge Review Boards and Boards for Correction ofMilitary/Naval Records (BCM/NRs) regarding equity, injustice, or clemencydeterminations.  Clemency generally refers to relief specifically granted from a criminalsentence.  BCM/NRs may grant clemency regardless of the type of court-martial.However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which maybe warranted based on equity or relief from injustice.

a.This guidance does not mandate relief, but rather provides standards andprinciples to guide Boards in application of their equitable relief authority.  In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.   



b.Changes to the narrative reason for discharge and/or an upgraded character ofservice granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. 
 
//NOTHING FOLLOWS//