IN THE CASE OF: BOARD DATE: 5 January 2010 DOCKET NUMBER: AR20090011329 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, hereafter referred to as the former service member (FSM), be corrected to show his foreign service in Germany. 2. The applicant states the FSM's DD Form 214 is incorrect and she would like it corrected for posterity. 3. The applicant provides: a. a copy of the FSM's DD Form 214; b. a copy of a letter from the Office of the Adjutant General, U.S. Army Records Center, St. Louis, MO, forwarding his Honorable Discharge Certificate; c. a copy of letter orders discharging the FSM from the U.S. Army Reserve (USAR); d. a copy of the FSM's Honorable Discharge Certificate; e. a copy of the FSM's birth certificate; and f. a copy of the FSM's certificate of death. 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 FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Available records show the FSM was inducted into the Army of the United States for 2 years on 18 October 1954. Following completion of basic combat training, he was transferred to the U.S. Army Signal School, Fort Monmouth, NJ, where he received training as a radio operator for air-ground radio equipment. 4. Upon completion of all required military training, the FSM was transferred to Germany and assigned to the 34th Field Artillery Battalion per item 12 (Last Duty Assignment and Major Command) of his DD Form 214 which was located in Schwäbisch Gmünd. He served 1 year and 6 months in this assignment before being returned to the United States for separation. 5. The FSM was transferred to Fort Sheridan, IL, where, on 17 October 1956, he was honorably separated and transferred to the USAR for completion of his service obligation. He was honorably discharged from the USAR on 30 September 1962. 6. The DD Form 214 the FSM was issued contains typographical errors in item 24 (Statement of Service). Item 24a(1) (Net Service This Period) shows he served 2 years, 0 months, and 0 days of active duty; item 24a(2) (Other Service) correctly shows no other service (such as prior active service or USAR or National Guard service); item 24a(3) (Total) correctly shows the total for item 24a(1) and item 24a(2) as 2 years, 0 months, and 0 days. Item 24b (Total Active Service) should also show 2 years, 0 months, and 0 days; however, it erroneously shows 1 year, 6 months, and 0 days. There is no entry in item 24c (Foreign and/or Sea Service). DISCUSSION AND CONCLUSIONS: 1. The applicant contends the FSM's DD Form 214 is incorrect in item 24 and she would like it corrected for her children and grandchildren. 2. The FSM was a 2-year inductee serving from 18 October 1954 to 17 October 1956. With no other service to his credit, his DD Form 214 shows 2 years, 0 months, and 0 days of active duty. However, items 24b and 24c are not correct; a typographical error was made and the entry for item 24c was placed in item 24b. 3. The FSM served with the 34th Field Artillery Battalion, which was located in Germany (U.S. Army Europe (USAREUR)). That service was for a period of 1 year and 6 months. Thus, the FSM's DD Form 214 should be corrected as indicated below. 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: a. deleting the entry "1  6  0" from item 24b, b. adding the entry "2  0  0" to item 24b, and c. adding the entries "USAREUR" and "1  6  0" to item 24c. ____________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. ABCMR Record of Proceedings (cont) AR20090011329 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011329 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1