IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013453
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 active duty service in Lebanon be included on his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he served 3 months in Lebanon and it is not included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a newspaper clipping, and a group photograph.
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 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's reconstructed record shows he enlisted in the Regular Army on 5 September 1956. He completed the necessary training and was awarded the military occupational specialty 121.10 (Combat Engineer).
4. According to the applicant's Service Record (DA Form 24), Section 5 (Service Outside Continental United States), he served in the United States Army Europe (USAREUR) during the period 23 November 1957 to 10 August 1959.
5. He was honorably released from active duty and transferred to the U.S. Army Reserve on 24 August 1959. He completed 2 years, 11 months, and 20 days of total active service.
6. The applicant's DD Form 214, Item 24c (Foreign and/or Sea Service) shows the entry 1 year, 8 months, and 7 days.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that you enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 in Item 24c.
8. The group photo and the newspaper clipping the applicant submitted show that a Soldier identified to be the applicant was with Headquarters and Service Company, 299th Engineer Battalion (C), in Beirut, Lebanon, at some point of time during his service in the USAREUR theater.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his active duty service in Lebanon should be included on his DD Form 214.
2. The evidence shows that the applicant served 1 year, 8 months, and 7 days of foreign service. Army Regulation 635-5 directs that you enter only the total active duty outside of the continental limits of the United States for the period covered by the DD Form 214 in Item 24c.
3. As such, he is not entitled to correction of records to show Lebanon in Item 24c of the DD Form 214.
4. The group photo and newspaper clipping that the applicant submitted were considered. However, there is no provision to include Beirut, Lebanon, as the last overseas theater in which the applicant served.
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) AR20080013453
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