IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080016112
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 11 July 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to properly document his overseas service.
2. The applicant states, in effect, that he successfully completed two tours of duty in the United States Army Europe and a tour in Korea between January 1966 and February 1967 which were omitted from his DD Form 214.
3. The applicant provides no documentary evidence 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 applicant's record shows that he was inducted into the Army of the United States and entered active duty on 22 November 1963. He was trained in and awarded military occupational specialty (MOS) 174.10 (Hawk Missile Crewman), which was later converted to MOS 16D.
3. On 29 July 1965, the applicant was honorably discharged in order to enlist in the Regular Army (RA). The DD Form 214 issued for this period of service (22 November 1963 through 29 July 1965) contains an entry in item 24c (Foreign and/or Sea Service) which shows the applicant completed 1 year, 3 months, and 25 days of overseas service during the period covered by the DD Form 214.
4. On 30 July 1965, he enlisted in the RA for 4 years and remained on active duty in that status.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he completed a total of 4 years, 7 months, and 29 days of overseas service, which included service in Germany from 5 April 1964 through 30 July 1966, service in Korea from 4 January 1967 through 5 February 1968, and service in Germany from 9 April 1968 through 9 July 1969.
6. On 11 July 1969, the applicant was honorably released from active duty after completing 3 years, 11 months, and 12 days of active duty service during the period covered by the DD Form 214 (30 July 1965 through 11 July 1969) and 5 years, 7 months, and 20 days of total active military service. Item 22c (Foreign and/or Sea Service) of the DD Form 214 issued to the applicant on 11 July 1969 shows he completed 3 years, 6 months, and 6 days of overseas service during the period covered by the DD Form 214 (30 July 1965-11 July 1969).
7. 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 documenting overseas service on the DD Form 214 have remained consistent from the time the applicant received his first DD Form 214 on 29 July 1965 through the present. These instructions state, in effect, that all overseas service completed during the period covered by the DD Form 214 will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his overseas service is not properly documented on his DD Form 214 was carefully considered. However, the evidence of record confirms the 1 year, 3 months, and 25 days of overseas service he completed in Germany between 5 April 1964 and 29 July 1965 was properly documented in Item 24c of the DD Form 214 he was issued on 29 July 1965, and his remaining overseas service was documented in item 22c of the DD Form 214 he was issued on 11 July 1969. Therefore, since it appears all of his overseas service was accounted for in these two separation documents, there is an insufficient evidentiary basis to support granting the requested relief.
2. 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) AR20080016112
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ABCMR Record of Proceedings (cont) AR20080016112
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