IN THE CASE OF:
BOARD DATE: 02 OCTOBER 2008
DOCKET NUMBER: AR20080012144
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 that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he served in Schloss Kaserne, Butzbach Germany from 1964 to 1965.
2. The applicant states that he served with the 2nd Battalion, 18th Field Artillery, 7th Army, when he was assigned to Germany.
3. The applicant provides no additional documentation 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. After completing 1 year, 3 months and 11 days of total prior active service in the Army, the applicant reenlisted in the Army on 7 August 1964, for 4 years, in the pay grade of E-3. His records show that he was in Korea at the time of his reenlistment and that he was transferred to Germany on 19 October 1964.
3. The applicant departed Germany on 22 November 1965 in route to Vietnam. His records show that he arrived in Vietnam on 10 January 1966.
4. The applicant returned to the Continental United States on 9 January 1967. He was honorably released from active duty (REFRAD) on 6 August 1968 and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he had completed 2 years, 1 month, and 13 days of Foreign and/or Sea Service. His DD Form 214 also shows USARPAC as the place of his Foreign and/or Sea Service.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It states, in pertinent part, that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered on the DD Form 214 in Item Number 22c (Foreign and/or Sea Service).
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 shows that he had 2 years, 1 month and 13 days of Foreign and/or Sea Service.
2. Although USARPAC is reflected on his DD Form 214 as the place that he completed his Foreign and/or Sea Service, his service in Germany from 19 October 1964 through 22 November 1965 is included in Item 22c on his DD Form 214 along with his service in Vietnam. There are no provisions for entering all units served with, except the last unit of assignment, on the DD Form 214.
3. In accordance with the applicable regulation, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered on the DD Form 214. The last theater in which he served was USARPAC and therefore, this information was properly included in Item 22c on his DD Form 214.
4. In order to justify correction of a military record the applicant must show 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ 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) AR20080012144
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