IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080005180
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his 10 August 1983 separation document (DD Form 214) be corrected to reflect his service in Germany and Turkey.
2. The applicant states, in effect, that his DD Form 214 does not reflect his service in Germany and Turkey.
3. The applicant provides his DD Form 214; a National Personnel Records Center (NPRC) letter; his Personnel Qualification Record (DA Form 2-1); and reenlistment, award, promotion, and discharge orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he initially enlisted in the Regular Army and entered active duty on 18 September 1973, and that he continuously served through reenlistments until being honorably discharged by reason of completion of required service on 10 August 1983.
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows that he served in Germany from 8 September 1975 through 3 January 1977, and in Turkey from 5 September 1979 through 15 October 1980. Item 35 (Record of Assignments) shows that during his tour in Germany, he served with Headquarters and Headquarters Company, 3rd Brigade, 1st Infantry Division and 8th Signal Battalion, 8th Infantry Division. It also shows that during his tour in Turkey, he served with TUSLOG Detachment 169.
4. The applicant's Official Military Personnel File (OMPF) contains a DD Form 214 covering the period 18 September 1973 through 29 June 1976, which lists Company B, 8th Signal Battalion, United States Army Europe (USAREUR) in Item 11 (Last Duty Assignment and Major Command). Item 18f (Foreign or Sea Service This Period) contains an entry confirming the applicant completed
9 months and 22 days of overseas service during the period covered by the
DD Form 214 (18 September 1973 - 29 June 1976).
5. The applicant's OMPF also contains a DD Form 214 covering the period
30 September 1976 through 29 September 1980. Item 8 (Station Where Separated) contains the entry TUSLOG Det 169, Turkey. Item 12f (Foreign Service) shows he completed 2 years, 1 months, and 1 day of overseas service during the period covered by the DD Form 214 (30 September 1976 -
29 September 1980).
6. 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 of contains item-by-item instructions for preparing the DD Form 214. The instructions state that the amount of foreign service completed during the period covered by the separation document will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his 10 August 1983 separation document should be corrected to properly reflect his service in Germany and Turkey was carefully considered. However, by regulation only the amount of foreign service completed during the period covered by the DD Form 214 will be entered in
Item 12f.
2. The evidence of record confirms that the applicant's overseas service in Germany and Turkey was completed during periods prior to the period covered by the applicant's 10 August 1983 DD Form 214, and that this overseas service was properly documented in previously issued DD Forms 214. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
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
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005180
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080005180
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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