IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100007226
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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his foreign service in Germany.
2. The applicant states that he served in Germany with the 7th Division [sic], but his DD Form 214 shows no entry for his last overseas service area.
3. The applicant provides copies of his DD Forms 214 for the periods ending 20 January 1976 and 18 January 1980.
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's records show he initially enlisted in the Regular Army for a period of 3 years on 27 November 1972. He completed basic combat and advanced individual training and was awarded military occupational specialty 31M (Multichannel Communications Equipment Operator). Subsequent to completing training, he was reassigned to Fort Carson, CO, on 26 June 1973 where he executed a 3-month extension in the Regular Army.
3. He was honorably discharged on 20 January 1976 for the purpose of immediate reenlistment. The DD Form 214 for this period of service shows he completed 3 years, 1 month, and 24 days of creditable active service, none of which was foreign service. Item 27 (Remarks) of this form shows the entry "Last Overseas Area: None."
4. While still at Fort Carson, CO, he executed a 4-year reenlistment on 21 January 1976 and he was subsequently reassigned to Germany on or about 27 July 1976. He was assigned to the 34th Signal Battalion, VII Corps, and served with that unit through 24 July 1978.
5. He was then reassigned to Fort Riley, KS, and was honorably discharged on 18 January 1980 for completion of his required active duty. The DD Form 214 he was issued shows he completed 3 years, 11 months, and 28 days of creditable active service. Item 12f (Foreign Service) of this form shows he completed 1 year, 11 months, and 28 days of foreign service.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
a. The version of the regulation in effect at the time of his first discharge provided that item 18f (Foreign and/or Sea Service) shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, U.S. Army Europe (USAEUR)) in which the service was performed would be entered in item 22c.
b. The version in effect at the time of his second discharge provided that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 27 November 1972 and served at Fort Carson, CO, until his discharge on 20 January 1976 for the purpose of immediate reenlistment. He did not perform any foreign service during this period; therefore, his DD Form 214 correctly shows the entry, "Last Overseas Area: None."
2. He reenlisted on 21 January 1976 and subsequently completed 1 year, 11 months, and 28 days of foreign service in Germany from on or about 27 July 1976 to on or about 24 July 1978. This period of foreign service is correctly shown on his second DD Form 214. There is neither an error nor an injustice.
3. 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. He did not submit evidence that would satisfy that requirement. Therefore, there is insufficient evidence to grant his requested relief.
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) AR20100007226
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ABCMR Record of Proceedings (cont) AR20100007226
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