IN THE CASE OF: 

		BOARD DATE:  15 June 2022

		DOCKET NUMBER: AR20210015105


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect: 

*	Foreign Service Credit from 7 May, 1984 – 22 December 1986 (item 12f.)
*	"Expiration Term of Active Obligated Service" as the Narrative Reason for 
Separation (item 28)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate, the Army Achievement Medal dated 22 January 1987
*	Leave and Earnings Statement (January – May 1986)
*	Bank Checks 
*	American Express Bank statement 
*	Military Airlift Command (MAC) ticket dated 22 December 1986

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 in pertinent part that his DD Form 214 for the period ending on 
10 February 1987 is incorrect because it does not accurately reflect his foreign service 
nor his correct reason for separation. He argues that he had completed his 2 years, 11 
month, and 26 day period of enlistment and therefore his reason for separation should 
reflect "Expiration Term of Active Obligated Service" rather than "Reduction in Force 
(RIF)" because he was not involuntarily separated.

3.  A review of the applicant's available service records reflects the following: 

   a.	On 15 February 1984, the applicant enlisted in the Regular Army to serve as a 
64C (Motor Transport Operator). The applicant's DD Form 4 (Enlistment/Reenlistment 
Document – Armed Forces of the U.S. is not available for review of his enlistment 
terms. 

   b.	Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) 
show she arrived in Germany on 4 May 1984, and item 35 (Record of Assignment) 
shows he was assigned to the 109th Transportation Company in Germany or 7 May 
1984.

   c.	On 14 October 1986, 187th Personnel Service Company issued Orders Number 
286-15 reassigning the applicant to the U.S. Army Separation Transfer Point (Fort Dix, 
NJ) 

   d.	On or about 19 December 1986, the applicant departed his unit of assignment 
with the 109th Transportation Company in Germany. 

   e.	 On 10 February 1987, the applicant was honorably released from active duty 
and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). His 
DD Form 214, shows in:

*	item 12f (Foreign Service) reflects 1 year, 7 months, and 19 days 
*	item 25 (Separation Authority) reflects Army Regulation (AR) 635-200, 
Paragraph 16-8
*	item 26 (Separation Code) reflects JCC
*	item 28 (Narrative Reason for Separation) reflects "Reduction in Authorized 
Strength – Fiscal Year (FY) 87 Early Transition Program" 

   f.	On 7 February 1990, the U.S. Army Reserve Personnel Center issued Orders 
Number D-02-011826 discharging the applicant from the USAR. 

4.  The applicant provides the following a: 

   a.	Certificate, the Army Achievement Medal, dated 22 January 1987, awarded for 
exceptionally meritorious service from 7 May 1984 – 22 December 1986 while assigned 
to the 109th Transportation Company. 

   b.	Leave and Earnings Statement (January – May 1986), reflective of the 
applicant's pay and entitlements while serving in Germany.

   c.	Bank Checks reflective of payments made by the applicant and or Ms. while in 
Germany.

   d.	American Express Bank statement reflective of the applicant's account balance 
and transactions for the period of 7 October – 7 November 1986. 
   e.	Military Airlift Command (MAC) ticket dated 22 December 1986, reflective of the 
applicant departing Rhein Main Air Base on 22 December 1986 enroute to 

5.  The applicant's request for foreign service credit calculated based on the dates of  
4 May 1984 – 22 December 1986 would result in a total of 2 years 7 months 19 days of 
foreign service credit rather than the 1 year 7 months 19 days currently reflected.

6.  By regulation (AR 635-5-1), Separation Code "JCC" is assigned to enlisted Soldiers 
separated under AR 635-200, Paragraph 16-8 due to Reduction in Authorized Strength.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that partial relief was warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation.  Upon review of the applicant’s petition and available military records the 
Board determined the governing regulation provides that at separation the service 
member’s record will be used to enter accurate information when completing their 
DD Form 214.  Evidence of record shows, at the time of separation, documentation 
supports the narrative reason for separation properly identified on the DD Form 214. 
The Board concluded there was insufficient evidence of an error or injustice which 
would warrant a change in the narrative reason for separation.  However, the Board 
determined the applicant’s record is absent his period of foreign service while serving in 
Germany for the period of 4 May 1984 – 22 December 1986.  Based on this, the Board 
granted partial relief to amend the applicant’s DD Form 214 to accurately reflect his 
foreign service.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending 
the applicant’s DD Form 214 for the period ending 10 February 1987 to show in 
item 12f (Foreign Service) 2 years 7 months 19 days.

2. The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to correction of the applicant’s DD Form 214 to read 
"Expiration Term of Active Obligated Service" as the Narrative Reason for Separation 
(item 28).


		  
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 (AR) 635-5 (Separation Documents) provides that the 
DD Form 214 will reflect the conditions and circumstances that existed at the time the 
records were created. The purpose of the separation document is to provide the 
individual with documentary evidence of his or her military service at the time of release 
from active duty, retirement, or discharge. It is important that information entered on the 
form be complete and accurate and reflects the conditions as they existed at the time of 
separation. All available records will be used as a basis for the preparation of DD Form 
214, including DA Form 2-1 (Personnel Qualification Record) and orders. Item 12f. 
(Foreign Service) will contain the total amount of foreign service completed during the 
period covered by the DD Form 214. Item 28 (Narrative Reason for Separation) will 
contain the reason from separation shown in Army Regulation 635-5-1 based on the 
regulatory or statutory authority. 

3.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) provides that 
SPD "JCC" pertains to AR 635-200, Paragraph 16-8 (Reduction in Authorized Strength)

4.  Army Regulation 635-200 (Enlisted Personnel) Paragraph 16-8 (Reduction in 
Authorized Strength) provides that enlisted personnel may be discharged or released 
from active duty, as appropriate, prior to the expiration of their terms of service or 
periods for which ordered to active duty when specifically authorized. Chapter 4 
(Separation for Expiration of Service Obligation) provides that a member will be 
separated upon expiration of enlistment or fulfillment of service obligation. This includes 
persons within 10 days of the date of expiration term of service (ETS) who return to the 
U.S. for separation. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210015105


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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