IN THE CASE OF:
BOARD DATE: 30 October 2008
DOCKET NUMBER: AR20080013762
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 separation document (DD Form 214) be corrected to reflect the correct total of his overseas service.
2. The applicant states, in effect, that he served in Germany from November 1948 through August 1953, but his discharge states he was overseas for 2 years, 9 months and some days.
3. The applicant provides copies of his 1950 and 1953 DD Forms 214 and accompanying discharge certificates 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the DD Forms 214 and discharge certificates provided by the applicant and miscellaneous documents remaining in the NPRC file.
3. The applicants 1950 DD Form 214 shows he enlisted in the Regular Army (RA) and entered active duty on 21 September 1948. He served for 2 years until 20 September 1950, at which time he was honorably discharge for the purpose of immediate reenlistment. Item 26 (Foreign and/or Sea Service) shows that he completed 1 year, 8 months, and 21 days of overseas service during the period covered by the DD Form 214 (21 September 1948-20 September 1950).
4. On 21 September 1950, the applicant reenlisted in the RA for 3 years. He served for 2 years, 11 months, and 9 days until 29 August 1953, at which time he was honorably discharged, in the rank of private first class (PFC). Item 26 of the DD Form 214 he was issued at this time shows he completed 2 years, 6 months, and 22 days of overseas service during the period covered by the DD Form 214 (21 September 1950-29 August 1953.
5. There are no orders or documents remaining in the NPRC file that identify the specific dates of the applicants overseas service.
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. The instructions for entering foreign service contained in the current version of the regulation and in the version in effect at the time of the applicants discharge, stipulate that only overseas service completed during the period covered by the DD Form 214 will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his record and/or separation documents do not accurately reflect all of his overseas service was carefully considered. However, by regulation, only the overseas service completed by a member during the period of service covered by the DD Form 214 is entered. The regulation provides no provisions of consolidating all overseas service on a single DD Form 214.
2. The available evidence confirms that during his first enlistment from
21 September 1948 through 20 September 1950, the applicant completed 1 year, 8 months, and 21 days of overseas service, as documented in Item 26 of his
DD Form 214, dated 20 September 1950. It also confirms that during his second enlistment, which covered the period from 21 September 1950 to 29 August 1953, he completed 2 years, 6 months, and 22 days of overseas service, as reflected in Item 26 of his 29 August 1953 DD Form 214. As a result, a total of
4 years, 3 months, and 13 days of overseas service is documented on the applicants separation documents. Absent any evidence indicating that the applicant completed more than the total overseas service reflected in both separation documents, 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) AR20080013762
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ABCMR Record of Proceedings (cont) AR20080013762
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