IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100019765
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 Transfer or Discharge) to show his service in Germany.
2. The applicant states without this updated information he cannot apply for a membership with the Veterans of Foreign Wars.
3. The applicant provides:
* a Meal Card issued to him in Germany which shows he was assigned to "B 2/6" (Battery B, 2nd Battalion, 6th Artillery)
* his DD Form 214
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 enlisted in the Regular Army on 1 June 1972 for a period of
4 years. He trained in and he was awarded military occupational specialty 13A (Field Artillery Basic).
3. Orders, dated 23 October 1972, show he was reassigned to Germany with a reporting date of 27 October 1972. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Battery B, 2nd Battalion, 6th Field Artillery in Germany from 27 October 1972 to 6 July 1973, a total of 8 months and 10 days.
4. He went absent without leave (AWOL) from Germany on 7 July 1973. On
19 October 1973, he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of court-martial.
5. Item 22c of his DD Form 214 shows the entry "USAREUR [U.S. Army, Europe] SEE ITEM 30." Item 30 (Remarks) of his DD Form 214 shows, among other entries, the entry "ITEM 22C: INFORMATION NOT AVAILABLE."
6. Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214. The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which the service was performed would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Germany from 27 October 1972 to 6 July 1973, a total of 8 months and 10 days. Therefore, item 22c of his DD Form 214 should be corrected to show this foreign service.
2. Additionally, the entry in item 30 pertaining to item 22c should be deleted.
BOARD VOTE:
___X____ __X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 22c of his DD Form 214 the entry "USAREUR - SEE ITEM 30" and replacing it with the entry "USAREUR - "0 8 10" indicating he served in USAREUR [Germany] for a period of 8 months and 10 days; and
b. deleting from item 30 of his DD Form 214 the entry "ITEM 22C: INFORMATION NOT AVAILABLE."
__________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) AR20100019765
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ABCMR Record of Proceedings (cont) AR20100019765
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