RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 APRIL 2006
DOCKET NUMBER: AR20050008967
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Robert Duecaster | |Chairperson |
| |Mr. Robert Rogers | |Member |
| |Mr. John Heck | |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 records be corrected to reflect his
foreign service in Germany, his campaign medal, and his attendance at cold
weather training at Fort Greely, Alaska.
2. The applicant states, in effect, that his records do not reflect that
he served in Germany during exercise REFORGER 76 under foreign service, his
overseas campaign medal, or his attendance at cold weather training at Fort
Greely, Alaska.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 18 November 1977. The application submitted in this case is
dated 2 June 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. He enlisted in Los Angeles, California, on 18 November 1974 for a
period of 3 years and assignment to the 1st Infantry Division. He
completed his training and was transferred to Fort Riley, Kansas, for
assignment to the 18th Infantry Regiment, 1st Infantry Division, for duty
as an infantryman.
4. On 4 June 1976, he was transferred to Germany with his unit to
participate in exercise REFORGER 76, in a temporary duty (TDY) status. He
was promoted to the pay grade of E-5 on 29 June 1976 and he departed
Germany on 23 November 1976, when he was returned to Fort Riley, after
having served 5 months and 19 days in Germany. He was reduced to the pay
grade of E-4 on 9 December 1976.
5. On 18 November 1977, he was honorably released from active duty
(REFRAD) due to the expiration of his term of service. At the time of his
REFRAD, his DD Form 214 (Report of Separation) indicated in item 18f that
he had served no foreign service.
6. A review of the applicant’s record shows that he served in no foreign
campaigns and there is no evidence of his attending cold weather training
at the Northern Warfare Training Center at Fort Greely, Alaska.
7. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that all foreign service
performed during the period covered by the DD Form 214 will be entered in
item 18f.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that his foreign service is not reflected on
his DD Form 214 has been noted and found to have merit. He served 5 months
and 19 days in Germany in a TDY status. Accordingly, his DD Form 214
should reflect his foreign service in item 18f.
2. The applicant’s contention that his records should reflect his campaign
medal and his attendance at cold weather training have also been noted;
however, there is no evidence present to support those contentions.
Therefore lacking evidence to show otherwise, there appears to be no basis
to grant that portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___RD __ ___RR __ ___JH __ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing in item 18f of
his DD Form 214 that he served 5 months and 19 days of foreign service.
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
showing he was awarded a campaign medal and attended cold weather training
in Alaska.
_____Robert Duecaster____
CHAIRPERSON
INDEX
|CASE ID |AR20050008967 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060418 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19771128 |
|DISCHARGE AUTHORITY |AR 635-200, CH 2 |
|DISCHARGE REASON |ETS |
|BOARD DECISION |(PARTIAL GRANT ) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |189/CORR 214 |
|1.110.0000 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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