RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060003945


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 correct to show a period of
TDY (temporary duty) in the first week of June 1958 and from the last week
in June through November 1958.

2.  The applicant states he served in Turkey and France for a period of
time that is not reflected on his DD Form 214 (Report of Transfer or
Discharge).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 May 1960, the date of his release from active duty.  The
application submitted in this case is dated 14 February 2006.

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 records show the applicant entered active duty on 3 June 1957 and
served honorably until 25 May 1960.  He was released from active duty under
the overseas returnee program with 2 years, 11 months, and 23 days of
creditable service.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served overseas
from 10 June 1958 through the date of his release from active duty.

5.  His DA Form 24 (Service Record) indicates he departed from New York on
28 May 1958 and arrived in Germany on 7 June 1958; departed from France on
18 July 1958 and arrived in Turkey on 19 July 1958; and departed from
Turkey on 17 October 1958 with arrival in Germany on 18 October 1958.

6.  His DD Form 214 indicates he had 1 year, 11 months, and 22 days of
foreign service.

7.  The record contains no documentation of any additional foreign service
or periods of TDY.

8.  Army Regulation 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 (Certificate of Release or Discharge from Active Duty).  This
regulation contains no provisions for entering periods of TDY on the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214, DA Form 24 and DA Form 20 all reflect
foreign service that includes the time frames requested in the application.
 The only difference between the applicant’s requested correction and the
official record is the location of that foreign service.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 May 1960; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 May 1963.  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

__MMD__  _JCR___  ___RDG_  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.




                                  _Melinda M. Darby_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003945                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |




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