IN THE CASE OF: 

		BOARD DATE:	    4 December 2012

		DOCKET NUMBER:  AR20120009514 


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) with an effective date of 24 July 1970 to show his foreign service.

2.  The applicant states he was in Germany from January 1969 until April 1969.  His medical records will attest to that fact since he was injured there.

3.  The applicant provides medical progress notes from the Department of Veterans Affairs (VA) in Cincinnati, OH.

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.  He enlisted in the Regular Army on 26 July 1968 for a period of 2 years.  He completed basic combat training and advanced individual training (AIT) and was awarded the military occupational specialty 13B (Cannon Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

	a.  Item 31 (Foreign Service) does not contain any entries showing foreign service.

	b.  Item 38 (Record of Assignments) shows he was assigned to Battery A, 2nd Battalion, 7th Artillery, at Fort Riley, KS, upon completion of AIT until he was released from active duty.

4.  On 24 July 1970, he was released from active duty.  His DD Form 214 does not show any foreign service.

5.  His service medical records were not available for review.

6.  The VA progress notes he submitted were from a compensation and pension examination given by the VA on 20 July 2011.  The notes describe an incident in Heidelberg, Germany, wherein he received an injury to his leg.

7.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  Total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed was to be entered in item 22c (Foreign and/or Sea Service).

DISCUSSION AND CONCLUSIONS:

His military records do not show any foreign service and he has not provided any substantive evidence to show he served overseas.  His service medical records were not available for review.  The VA notes are based on a history he provided over 40 years after his release from active duty.  Therefore, there is insufficient evidence to add foreign service to his DD Form 214.


BOARD VOTE:

________  ________  ________  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.



      ___________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)                                         AR20120009514



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ABCMR Record of Proceedings (cont)                                         AR20120009514



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