IN THE CASE OF: BOARD DATE: 18 November 2008 DOCKET NUMBER: AR20080014214 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his overseas service. 2. The applicant states that his DD Form 214 does not reflect his overseas service and that this is a clerical error. 3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214 in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 29 November 1965 for a period of four years. He completed basic combat and advanced individual training at Fort Ord, California. 3. Item 31 (Foreign Service) on his DA Form 20 shows he was assigned to the U.S. Army, Europe (USAREUR) in Germany on 7 May 1966. 4. Headquarters, 3rd Armored Division (Spearhead), Special Orders Number 166, dated 29 June 1967, shows the applicant was awarded primary military occupational specialty 11B (light weapons infantryman) effective 29 June 1967 while he was assigned to Company B, 3rd Battalion, 36th Infantry in Germany. 5. His service personnel records contain a DA Form 1049 (Personnel Action), dated 28 September 1967, which shows he requested permissive reassignment to the Frankfurt Entertainment Center, Taunus District. He indicated that he had been assigned to his unit since 4 June 1966. 6. Headquarters, 3rd Armored Division (Spearhead), Special Orders Number 51, dated 23 February 1968, shows the applicant was reassigned to the U.S. Army Overseas Replacement Station, Fort Lewis, Washington on the EDCSA [Effective Date of Change of Strength Accountability] on 12 March 1968. These orders show he served 21 months overseas. 7. Headquarters, U.S. Army Personnel Center, Fort Lewis, Special Orders Number 94, dated 3 April 1968, shows the applicant was released from the U.S. Army Overseas Replacement Station, Fort Lewis, Washington and assigned to the U.S. Army Garrison, Fort Lewis, Washington on 4 April 1968. 8. The applicant was honorably discharged on 15 November 1968. His DD Form 214 indicates he was separated on temporary records and the applicant's affidavit. 9. Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows the entry "NONE." 10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered in item 22c. DISCUSSION AND CONCLUSIONS: 1. The applicant's DA Form 20 shows he was assigned to Germany on 7 May 1966. Orders published by the 3rd Armored Division (Spearhead) show he was reassigned to Fort Lewis, Washington on 12 March 1968. However, his DD Form 214 does not reflect any foreign service in item 22c. 2. Therefore, it would be appropriate to amend item 22c on his DD Form 214 to show he completed 1 year, 10 months, and 6 days of foreign service in USAREUR. BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 22c on his DD Form 214 to show he completed 1 year, 10 months, and 6 days of foreign service and to show the entry "USAREUR." __________XXX____________ 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. ABCMR Record of Proceedings (cont) AR20080014214 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014214 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1