BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100009545
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 item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to read 2 years and 10 months.
2. The applicant states he completed 2 years and 10 months foreign service.
3. The applicant provides the following documents in support of his application:
* DD Forms 214, issued 9 March 1958 and 31 August 1963
* Letter, dated 10 March 1952
* reassignment orders
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 military records show he initially entered active duty in the Regular Army on 22 September 1942. He was trained in and held military occupational specialty 765.90 (Signal Supply Parts Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) contains a single entry in item 29 (Foreign Service) which shows he served in Germany from 29 June 1949 to 25 May 1952.
4. The applicant's military record shows he served the following periods of enlistment:
* 22 September 1942 to 20 February 1946
* 9 March 1946 to 8 March 1949
* 9 March 1949 to 8 March 1952
* 9 March 1952 to 9 March 1958
* 10 March 1958 to 31 August 1963
5. The applicant's military personnel records jacket only includes the DD Forms 214 issued to him on 8 March 1949, 9 March 1958, and 31 August 1963. It does not include the DD Form 214 that covered the period 9 March 1949 to 8 March 1952. Item 24c of his 9 March 1958 contains the entry "0 2 10" [2 months and 10 days].
6. On 31 August 1963, the applicant was honorably retired from active duty having completed 20 years, 10 months, and 7 days of creditable active duty service. The DD Form 214 issued to him at that time contains the entry "0 0 0" in item 24c, which indicates he performed no foreign service during the period covered by that separation document.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 24c. The regulation stipulates that the information in item 24c will be obtained from the Enlisted Qualification Record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 24c of his 31 August 1963 DD Form 214 should be corrected to show 2 years and 10 months of service foreign service.
2. The evidence of record confirms the applicant served in Germany from 29 June 1949 to 25 May 1952 as evidenced by item 29 of his DA Form 20. Although not on file, his 8 March 1952 DD Form 214 would have documented his foreign service performed from 29 June 1949 through 8 March 1952 and the remainder of his foreign service performed from 9 March 1952 to 25 May 1952 is appropriately documented on his 8 March 1952 DD Form 214.
3. By regulation, the total amount of foreign service completed during the period covered by the DD Form 214 is entered on that document. The evidence of record does not show the applicant performed any foreign service during the period covered by his final DD Form 214 issued on 31 August 1963 covering the period 10 March 1958 to 31 August 1963. Accordingly there is no basis upon which to add any foreign service to this DD Form 214.
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) AR20100009545
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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