RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 November 2004
      DOCKET NUMBER:  AR2004103839


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert O. Fry                 |     |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.  The applicant requests, in effect, that his record be corrected to
reflect correct dates of service in Germany, to include service in 1962.

2.  The applicant states, in effect, that he served in Germany through 1962
as a result of being held over due to the Berlin crisis.

3.  The applicant provides the following documents in support of his
application: Separation Document (DD Form 214); Certificate of Training,
dated 7 May 1960; United States Army Europe (USAREUR) Ration Card, dated 1
January 1961; Noncommissioned Officer’s Mess Card, dated October 1960;
Certificate of Insurance Cards issued in 1959 and 1960; USAREUR Driver’s
License and Identification Card issued in 1959; Reassignment Orders, and a
German Marriage License, dated 31 May 1960.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 19 February 1962.  The application submitted in this case
was received on 13 February 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 limitation 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’s record shows he enlisted in the Regular Army and
entered active duty on 18 November 1958.  He was trained in, awarded and
served in military occupational specialty (MOS) 632.10 (Track Vehicle
Mechanic) and the highest rank he attained while serving on active duty was
specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 29 (Foreign Service), that the applicant served in Germany from 22
April 1959 through 25 April 1961.
5.  The applicant’s Service Record (DA Form 24) contains entries in Section
4 (Chronological Record of Military Service) showing the applicant departed

Fort Hood. Texas enroute to the United States Army Europe (USAREUR) on
19 April 1959.  The entries further show that during his tour in Germany,
he was assigned to Battery A, 2nd Howitzer Battalion, 14th Artillery.
Finally, the entries indicate he departed USAREUR enroute to the
Continental United States (CONUS) on 17 April 1961 and arrived for duty at
Fort Hood on 31 May 1961.

6.  Section 5 (Service Outside Continental United States) of the
applicant’s
DA Form 24 contains entries indicating he departed Brooklyn, New York on
22 April 1959 and arrived in Bremerhaven, Germany on 30 April 1959.  The
entries further show he departed Bremerhaven, Germany on 17 April 1961 and
arrived at Brooklyn, New York on 25 April 1961.

7.  On 19 February 1962, the applicant was honorably separated after
completing 3 years, 3 months and 2 days of active military service.  The DD
Form 214 he was issued upon his separation confirms, in Item 24c (Foreign
and/or Sea Service), that he completed a total of 2 years and 4 days of
foreign service during his active duty tenure.  The applicant authenticated
this document with his signature in Item 34 (Signature of Person Being
Transferred or Discharged).

8.  The supporting documents provided by the applicant were all dated or
issued within the period identified in his record as his foreign service
tour dates, 22 April 1959 through 25 April 1961.  Further, the reassignment
orders he provided, Special Orders Number 42, dated 17 March 1961, confirm
he was reassigned to Fort Hood with a scheduled reporting date to
Bremerhaven, Germany for movement to CONUS on 17 April 1961.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he was held over in Germany due to the
Berlin crisis and served in Germany in 1962, along with the supporting
documents he provided were carefully considered.  However, there is
insufficient evidence to support his claim.

2.  The evidence of record confirms the applicant served in Germany for 2
years and 4 days from 22 April 1959 through 25 April 1961, as evidenced by
record entries in both his DA Form 20 and DA Form 24.  Further, his
separation document accurately reflects this period of foreign service in
Item 24c and he authenticated the DD Form 214 with his signature, thereby
verifying the information it contained, to include Item 24c, was correct at
the time the document was prepared and issued.
3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1962.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 18 February 1965.  However he 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 RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCH_  ___HOF__  ___LE_ _  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.




            ____James C. Hise________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103839                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1962/02/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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