RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050002652


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) for the period 15 July 1963 to 14
July 1966 be corrected to show in Block 24c that he served 2 years, 10
months, and 21 days foreign service in Turkey.

2.  The applicant states he spent almost 3 years in Turkey and his daughter
was born there.

3.  The applicant provides two DD Forms 214.  The first DD Form 214 covers
the period from 29 January 1960 to 14 July 1963 and reflects his foreign
service.  The second DD Form 214 covers the period from 15 July 1963 to 14
July 1966 and does not reflect any foreign service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 July 1966.  The application submitted in this case is dated
11 February 2005.

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.  With prior service in the United States Marine Corps, the applicant
enlisted in the Regular Army for 3 years on 29 January 1960; his expiration
term of service (ETS) date was established as 28 January 1963; however, on
31 May 1962, he voluntarily extended his enlistment by 6 months.  The
applicant served in Turkey from on/about 20 August 1960 to on/about 10 July
1963, when he returned to the United States at Fort Hamilton, New York.

4.  At Fort Hamilton, the applicant reenlisted for 3 years on 15 July 1963.
 He was then transferred to Fort Devens, Massachusetts, where he served his
entire enlistment.  He was honorably discharged as a Staff Sergeant on 14
July 1966.

5.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the
separation documents that must be prepared for Soldiers on retirement,
discharge, release from active duty service, or control of the Active Army.
 It establishes standardized policy for preparing and distributing the DD
Form 214.  The version of the regulation then in effect stated that only
the amount of active duty outside the continental limits of the United
States for the period covered by the DD Form 214 would be entered in Block
24c.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  There is no error on the applicant's DD Forms 214 concerning his
foreign service.  By regulation, entries made on the DD Form 214 must
pertain to the period of service covered by the document.  The applicant's
foreign service in Turkey occurred during his first period of service and
is reflected on that DD Form 214.  During his second period of service, he
was not assigned outside the continental limits of the United States, thus
his second DD Form 214 shows no foreign service in Block 24c.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 14 July 1966; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 13
July 1969.  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

__slp___  __cad___  __ksj___  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.



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002652                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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