RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007955


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that her DD Form 214 show that she
served in Oberusal, Germany performing duties in the military police on
perimeter.

2.  The applicant states that she was never in Hawaii.  She was in
Oberusal, Germany performing duties in the military police on perimeter.
She would like to apply for a job.  Her service in Germany has a direct
bearing on that job in the state of Florida.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 February 1982.  The application submitted in this case
is dated    17 September 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 4 years on 19 July 1977 in order
to attend a school course in MOS (military occupational specialty) 74D10,
computer/machine operator.  She completed training in that MOS and in
November 1977 was assigned to the 4th Transportation Brigade in Germany as
a computer operator.  In February 1978 she was assigned as an assistant
console operator with the 17th DPD (Data Processing Detachment), 3d Support
Command, in Germany.

4.  The applicant returned to the United States and in December 1980 was
assigned to Fort Eustis, Virginia as a machine console operator.  She
reenlisted in the Army for 3 years on 31 March 1981, and in May 1981
completed training as a traffic management coordinator.

5.  On 18 December 1981 a Physical Evaluation Board determined that she
should be separated from the Army because of a physical disability and that
she receive a 10 percent disability rating.  She was discharged on 3
February 1982 because of her physical disability.  Her DD Form 214 shows
that she had 1 year, 11 months, and 16 days of foreign service.  It does
not reflect that her service was in Germany.

6.  The applicant’s records do not show that she ever served in Hawaii, or
that she performed duties in Oberusal, Germany in the military police on
perimeter.

7.  Army Regulation 635-5, then in effect, provides for the preparation of
the     DD Form 214.  That regulation does not provide for showing the
country of overseas service.  That information is contained elsewhere in a
Soldier’s records.
DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Germany for approximately 2 years as a computer
operator/assistant console operator.  There is no evidence that she
performed military police duties on “perimeter.”  Her DD Form 214 is
correct.  There is no error or injustice.

2.  Consequently, her request to correct her records to show that she
performed duties in Oberusal, Germany in the military police on perimeter
is not warranted.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 February 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            2 February 1985.  However, the applicant
did not file within the 3-year statute of limitations and has not provided
a compelling explanation or evidence to show that it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___HF __  ___LS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _______John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007955                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |200560614                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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