IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100012994
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in West Berlin.
2. The applicant states that his DD Form 214 does not show his service in West Berlin.
3. The applicant does not provide any additional documentary evidence.
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 records show he was inducted into the Army of the United States on 5 June 1962. He completed basic combat and advanced individual training at Fort Dix, NJ, and he was awarded military occupational specialty (MOS) 640.00 (Light Vehicle Driver).
3. Subsequent to completion of MOS training, he was reassigned to the U.S. Army Europe on or about 15 November 1962. He was assigned to the 544th Transportation Company, Baumholder, Germany. He departed Germany on or about 19 May 1964.
4. Item 29 (Overseas Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 21 November 1962 to 18 May 1964.
5. He was honorably released from active duty on 28 May 1964 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.
6. His DD Form 214 shows he completed 1 year, 11 months, and 19 days of creditable active service. Item 24c (Foreign and/or Sea Service) shows he completed 1 year, 6 months, and 6 days of foreign service.
7. 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 their military service. It is important that information entered on the form should be complete and accurate. 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. It is prepared for all personnel at the time of their retirement, discharge, or release from active duty. From 1951 to 1962, item 24 or item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. During the Vietnam War, item 12 of the DD Form 214 in effect then, showed 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 in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his service in West Berlin.
2. The evidence of record shows the applicant served in Germany from on or about 21 November 1962 to on or about 18 May 1964. He completed 1 year, 6 months, and 6 days of foreign service which is properly shown on his DD Form 214. His records show he served in Baumholder, Germany, not West Berlin, Germany. But even if his West Berlin service can be determined, there was no requirement to list the city, the foreign country, or the major overseas command on the DD Form 214 at the time of the applicant's separation.
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) AR20100012994
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ABCMR Record of Proceedings (cont) AR20100012994
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