IN THE CASE OF:	  

		BOARD DATE:	        24 MARCH 2009

		DOCKET NUMBER:  AR20080019019 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 June 1981 be corrected to reflect all of his foreign service in block 12f.

2.  The applicant states that his previous DD Form 214, dated 11 October 1976, showed that he had 4 years, 8 months and 16 days of foreign service; however, his DD Form 214 dated 30 June 1981 shows only 2 years, 3 months and 7 days of foreign service.  Accordingly, he desires to have all of his foreign service reflected on his final DD Form 214.

3.  The applicant provides copies of a self-authored letter, dated 20 July 2008; a DD Form 214 with an ending date of 11 October 1976; and a DD Form 214 with an ending period of 30 June 1981.

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 applicant initially enlisted in the Florida Army National Guard (FLARNG) on 11 April 1960 and served until he was honorably discharged on 24 January 1961.

3.  On 25 January 1961, he enlisted in the Regular Army for a period of 3 years and assignment to Europe.  He completed his training and was transferred to Germany.  He was advanced to the pay grade of E-3 on 10 May 1962 and on 10 October 1962, he reenlisted for a period of 6 years.  He completed his tour in Germany (36 months) in March 1964 and was transferred to Fort Benning, Georgia, where he remained until he was transferred to Vietnam on 6 June 1966. He departed Vietnam on 12 January 1968, after having served 19 months and was transferred to Fort Carson, Colorado. 

4.  He was honorably discharged on 9 November 1968 and on 10 November 1968, he reenlisted for a period of 3 years.  He remained at Fort Carson until 10 January 1969, when he was transferred to Vietnam.  He served 18 months in Vietnam and departed on 5 July 1970 for assignment to Fort Carson.  He was honorably discharged on 3 December 1970 and on 4 December 1970, he reenlisted for a period of 6 years and assignment to Vietnam.  He remained at Fort Carson until he was returned to Vietnam on 13 January 1971.  He served 12 months in Vietnam and departed Vietnam on 12 January 1972, for assignment to Germany.

5.  On 12 October 1976, while stationed in Germany, he reenlisted for a period of 3 years.  He departed Germany on 14 June 1977, after having served 65 months and was transferred to Fort Sam Houston, Texas.

6.  He remained at Fort Sam Houston until 3 October 1978, when he was transferred back to Germany.  He remained in Germany until he received a compassionate reassignment back to Fort Sam Houston on 18 January 1979, after having served 19 months.

7.  He was promoted to the pay grade of E-7 on 10 June 1979 and on 30 June 1981, he was honorably released from active duty (REFRAD) by reason of completion of required service for retirement and transferred to the U.S. Army Reserve (USAR) Control Group (Retired).  He was placed on the Retired List 

effective 1 July 1981.  He had served 20 years, 10 months, and 5 days of total active service.  His DD Form 214 issued at the time of his REFRAD reflects that he had served 2 years, 3 months, and 7 days of foreign service during the period covered by the DD Form 214.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that a DD Form 214 would be prepared for each period service, to include separations for immediate reenlistment.  It also provided that only awards issued and foreign service performed by the individual during the period covered by the DD Form 214 would be entered and that information would not be entered on subsequent DD Forms 214.  Effective 1 October 1979, that regulation was changed and provided that a DD Form 214 would not be issued for periods of immediate reenlistment.  

DISCUSSION AND CONCLUSIONS:

1.  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.                     

2.  The applicant’s contention that all of his foreign service should be reflected on his DD Form 214 dated 30 June 1981 has been noted.  However, all of his foreign service during the period covered by the DD Form 214 is properly reflected on that form. 

3.  His DD Form 214s issued prior to 30 June 1981 also properly contain his foreign service credit. 

4.  Accordingly, it appears that his DD Forms 214 were properly prepared in accordance with the applicable regulations and that there is no basis to grant the applicant’s request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X______  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080019019



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ABCMR Record of Proceedings (cont)                                         AR20080019019



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