IN THE CASE OF: BOARD DATE: 22 August 2022 DOCKET NUMBER: AR20220000895 APPLICANT REQUESTS: a. Correction of DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 June 1984, to reflect: * Item 12f. (Foreign Service) – 5 years, 0 months, and 15 days * Item 13. (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal b. Correction of DD Form 256A (Honorable Discharge Certificate) to reflect the rank/grade of "Sergeant" (SGT)/E-5 instead of "Specialist Four" (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Orders Number 89-07, dated 27 May 1981 * DD Form 256A, dated 12 June 1978 * DD Form 214, dated 12 June 1984 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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 most recently issued DD Form 214 is incorrect because it does not accurately reflect his rank, foreign service dates or authorized awards. 3. A review of the applicant's available service records reflects the following: a. On 5 December 1975, the applicant enlisted in the Regular Army for 3 years to serve as a 16A (Short Range Air Defense Artillery Crewman). b. On or about 26 March 1976, the applicant departed advanced individual training enroute to Korea. c. On or about 29 April 1976, the applicant was assigned to a unit in Korea. d. On or about 22 April 1977, the applicant departed Korea for an assignment at Fort Lewis, WA. e. On 1 November 1977, the applicant was promoted to the rank of SP4. f. On 13 June 1978, the applicant reenlisted for 6 years. g. The applicant's records are void of a DD Form 214 for the period of service ending on 12 June 1978 h. On or about 28 December 1978, the applicant departed Fort Lewis with a follow- on assignment in Korea. i. On or about 14 February 1979, the applicant was assigned to a unit in Korea. j. On 14 May 1979, the applicant was promoted to the rank of SGT. k. On or about 4 February 1980, the applicant departed Korea with a follow-on assignment at Fort Ord, CA. l. On or about 23 April 1981, the applicant departed Fort Ord, CA with a follow-on assignment in Germany. m. On or about 2 June 1981, the applicant was assigned to a unit in Germany. n. On or about 24 June 1983, the applicant departed Germany with a follow-on assignment at Fort Hood, TX. o. On 1 May 1984, Headquarters, 1st Cavalry Division issued Orders Number 85-17 reassigning the applicant to the U.S. Army transition point in the rank of SGT. p. On 12 June 1984, the applicant was honorably discharged from the Army. DD Form 214, item 4a. (Grade, Rate or Rank) reflects "SGT"; item 4b. (Pay Grade) reflects "E-5"; item 12f. (Foreign Service) reflects: "3 years, 0 months, and 20 days"; item 13. (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) reflects: * Army Service Ribbon * Overseas Service Ribbon (w/ Bronze Numeral "2") * Army Good Conduct Medal (w/ 2 bronze loops) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar 4. The applicant provides the following a: a. Permanent Orders Number 89-07 dated 27 May 1981, reflective of the applicant being awarded the Army Commendation Medal for meritorious service from 6 March 1980 – 24 April 1981. b. DD Form 256A dated 12 June 1978, reflective of the applicant being recognized at the rank of "SP4" for his honorable service. 5. The applicant's DA Form 2-1 (Personnel Qualification Record) item 5 (Overseas Service) reflects service in Korea from 21 April 1976 through 25 April 1977 and again from 9 February 1979 through 4 February 1980 with service in Germany from 1 June 1981 through 24 June 1983. Collectively, the applicant served 1,485 days overseas which amounts to 4 years and 25 days of foreign service during his entire military career. However, during the period covered by this DD Form 214, the applicant only completed 2 of the 3 tours overseas which account for 1,115 of 1,485 days which amounts to 3 years 20 days. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation, the Board made the following findings and recommendations related to the requested relief: * Item 12f. (Additional Foreign Service): DENY, based upon the applicant having multiple DA Form 214s and each annotating the appropriate foreign service time during each service period * Item 13. (Add Army Commendation Medal): GRANT, based upon the award order showing the applicant was awarded the ARCOM and it not being reflected on his DD Form 214 * Correction of rank reflected on DD Form 256A: DENY, based upon the DD Form 256A provided being from an earlier period of service and not the applicant’s final period of service when he was promoted to SGT 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the ARCOM to the applicant’s DD Form 214, for the period ending 12June 1984. 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 all other requested relief. 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, 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. Army Regulation 635-5 (Separation Documents) dated 1 October 1979, in effect at that time, ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment. a. Chapter 2 (Separation Document Preparation) 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. Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214WS, 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 item 12c. (Net Active Service This Period). Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the issued DD Form 214 will contain all decorations, service medals, campaign credits and badges awarded or authorized from section 9 (DA Form 2-1). b. DD Form 256A is a certificate of Honorable Discharge utilized by the U.S. Department of Defense and the different branches of military service. An honorable discharge occurs when a service person successfully completes a term of duty within the Army and may be issued to service members at the time of discharge for immediate reenlistment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000895 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1