IN THE CASE OF: BOARD DATE: 4 February 2022 DOCKET NUMBER: AR20210012574 APPLICANT REQUESTS: addition of the following to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the service period ending 31 March 2013: * service dates for his foreign service in the Republic of Korea * U.S. Army Reserve (USAR) service time APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 effective 22 June 1983 * Enlisted Record Brief (ERB) * Four DA Forms 31 (Request and Authority for Leave) * Two Leave and Earnings Statements (LES) * DA Form 638 (Recommendation for Award) dated 25 June 2008 * DD Form 214 effective 31 March 2013 * Standard Form (SF) 180 (Request Pertaining to Military Records) * Applicant Letter to U.S. Army Human Resources Command (HRC) * Denial Letter from HRC dated 29 March 2021 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); 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 he would like service time in the Republic of Korea added to his DD Form 214. He would also like for the DD Form 214 to capture his time in the USAR from October 1982 to October 1989 for Federal employment reasons. 3. The applicant provides: a. The below listed documents to be referenced in the service record: * ERB * DD Form 214 effective 31 March 2013 b. A DD Form 214 shows he served in the U.S. Army Reserve (USAR) for 4 months and 13 days prior to entering active duty on 2 March 1983. He served on active duty for 3 months and 21 days. He was separated from active duty on 22 June 1983. The DD Form 214 does not include the Special Additional Information. c. Four DA Forms 31 for the following periods: * 26 January 1996 to 25 February 1996 – permanent change of station (PCS) leave from * 5 October 1998 to 14 October 1998 – PCS leave to Korea * 12 October 1999 to 5 November 1999 – PCS leave from Korea to * 6 August 2008 to 9 September 2008 – PCS leave from Korea to d. Two LES: * 1-31 August 2007 – Cost of Living Allowance (COLA) location listed as Pyongtaek, Korea * 1-30 September 2008 – PCS listed as 6 August 2008 to 10 September 2008 e. A DA Form 638, dated 25 June 2008, shows the applicant received an Army Commendation Medal (ARCOM) for his PCS award departing Korea. f. A SF 180, dated 8 February 2021, requesting specific dates be added to his DD Form 214. g. A letter to HRC, dated 8 February 2021, wherein the applicant requests his three tours to Korea and his USAR time be added to his DD Form 214. h. A letter from HRC, dated 29 March 2021, notified the applicant his request was denied as the foreign service listed was correct and only deployed service would be annotated on Block 18 (Remarks). The applicant was referred to the Army Review Boards Agency to apply for changes to his military records. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 2 September 1992. b. His ERB shows the following foreign service tours: * Korea from 30 November 1994 to 26 January 1996 (14 months) * Korea from 16 October 1998 to 12 October 1999 (12 months) * Iraq from 6 March 2003 to 6 March 2004 (12 months) * Korea from 6 August 2007 to 6 August 2008 (12 months) * Iraq from 26 April 2009 to 13 April 2010 (12 months) * Afghanistan from 12 June 2011 to 28 May 2012 (12 months) c. Orders 131-0103, dated 10 May 2012, released the applicant from active duty and placed him on the retired list effective 31 March 2013. d. He was honorably retired from active duty on 31 March 2013. His DD Form 214 shows he completed 20 years, 6 months, and 29 days of active service with 6 months and 18 days of prior active service, and 9 years, 3 months, and 22 days of prior inactive service. Block 12f (Foreign Service) shows the applicant completed 6 years, 1 month, and 18 days of foreign service. Block 18 (Remarks) included the following: * Service in Iraq 6 March 203 to 6 March 2004 * Service in Iraq 25 April 2009 to 13 April 2010 * Service in Afghanistan 13 June 2011 to 14 June 2012 5. By regulation, (AR 635-5) 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. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s DD Form 214 for the period ending 31 March 2013 shows prior inactive service time in block 12e, and total foreign service time in block 12f. Based upon a preponderance of the evidence, the Board determined the inactive and foreign service is correctly reflected on the form. The applicant is advised PCS overseas assignments are not listed in block 18 of the DD Form 214. 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. REFERENCES: 1. Title 10, United States Code, 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. Army Regulation 635-5 (Separation Documents), in effect at the time, states 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. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012574 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1