IN THE CASE OF:	  

		BOARD DATE:	        24 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006786 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued at the time of his release from active duty on 10 August 1962, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show that he served overseas from November 1957 through July 1959, and that he completed the general educational development (GED) equivalency.

2.  The applicant essentially states that he went overseas on the USS Darby in November 1957 and came back on the USS Butner in July 1959.  He also states that he was looking at his DD Form 214 one day and noticed that he was not given credit for his overseas duty.  He further states that he needs the level of his civilian education changed to a GED.

3.  The applicant provides his DD Form 214; incomplete orders, dated 1 July 1959, which essentially show that the applicant was being reassigned from Germany in July 1959; incomplete orders, dated 18 July 1959, which show that the applicant was awarded the Good Conduct Medal for the period 30 September 1957 to 17 July 1959; a certificate, dated 2 June 1959, from the United States Armed Forces Institute European Branch which essentially shows that he completed his GED; and a letter, dated 12 March 2008, from the National Personnel Records Center in support of this 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant began service in the Army of the United States on 3 September 1957, and was honorably released from active duty on 17 August 1959 and transferred to the United States Army Reserve (USAR).  On 15 October 1961, he was ordered to active duty from the USAR under Executive Order 10957, dated 10 August 1961.  On 10 August 1962, he was honorably released from active duty and reverted back to his USAR status. 

4.  The applicant essentially requested that his DD Form 214 be corrected to show that he served overseas from November 1957 through July 1959.  However, the majority of his military records, including his DD Form 214 for the period 3 September 1957 to 17 August 1959, are not available, and the applicant was issued a Certification of Military Service on 21 October 1999 for his active duty service from 3 September 1957 to 17 August 1959.  Additionally, although item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 does not show that he had any foreign and/or sea service, this entry is only to be construed to show that he did not have any foreign and/or sea service during the period covered by this DD Form 214, which was from 15 October 1961 to 
10 August 1962.

5.  Item 10a (Highest Civilian Education Level Attained) of the applicant's 
DD Form 214 essentially shows that he completed 1 year of high school.  However, the applicant provided a certificate from the United States Armed Forces Institute European Branch which essentially shows that he completed his GED requirements on 2 June 1959.

6.  The applicant essentially stated that he went overseas on the USS Darby in November 1957 and came back on the USS Butner in July 1959.  He also stated that he was looking at his DD Form 214 one day and noticed that he was not given credit for his overseas duty.  He further stated that he needs the level of his civilian education changed to a GED.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214.  For item 24c, it stated that only the total active duty performed outside the continental limits of the United States during the period covered by a DD Form 214 would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he served overseas from November 1957 through July 1959, and that he had a GED.   

2.  While it appears that the applicant served in Germany during his active duty covered by his Certification of Military Service, this overseas service was not performed during the period covered by his DD Form 214.  As a result, there is no basis for adding foreign service to his DD Form 214.  

3.  The applicant completed his GED on 2 June 1959, but item 10a of his 
DD Form 214 only shows that he completed 1 year of high school.  Therefore, it would be appropriate at this time to correct item 10a of his DD Form 214 to show that he completed his GED.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 10a of his DD Form 214 to show that he completed his GED.

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 adding foreign service to his DD Form 214.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        XXX                ___
                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)                                         AR20080006786



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ABCMR Record of Proceedings (cont)                                         AR20080006786



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