IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110000859 


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 military personnel record to show he served in Berlin, Germany from 1 March 1973 through 7 July 1976.  He also requests that the Administrative Office of the U.S. Courts, Court Personnel Management, Division 5-560, Attention:  Sharon Page, 1 Columbus Circle, Washington, DC  20544, be advised of the change.

2.  He states that during a verification review of his military service, the Administrative Office of the U.S. Courts determined that he served with American Forces Network (AFN), Berlin, Germany from 23 October 1973 through 7 July 1976.  He contends he has documentation showing his service in Berlin began on 1 March 1973. 

3.  He provides:

* various orders
* government housing letter orders
* an award recommendation packet
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1995
* a Standard Form (SF) 813 (Verification of a Military Retiree’s Service in Non-Wartime Campaigns or Expeditions), dated 7 July 2010
* an SF 144A (Statement of Prior Federal Service - Worksheet), dated
15 July 2010


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 was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 29 May 1971.  He entered active duty on 13 January 1972.

3.  The applicant provided Special Orders (SO) Number 2, issued by Headquarters, AFN, Europe, dated 8 January 1973.  This order shows he was relieved from duty at AFN Frankfurt, Germany and was reassigned to AFN Berlin, with a reporting date of 1 March 1973.

4.  The applicant's DA Form 66 (Officer Qualification Record) is not available.  The DA Form 66 was superseded by the DA Form 2-1 on 1 January 1973.  His DA Form 2-1 (Personnel Qualification Record - Part II), dated 12 September 1974, shows in:

	a.  Item 5 (Oversea Service) he served in Germany from 19 June 1972 through 9 July 1976, and

	b.  Item 35 (Record of Assignments) he was assigned as a Radio Broadcast Officer with AFN Berlin from 23 October 1973 to 7 July 1976.  His assignment with AFN Frankfurt is not depicted.

5.  His military personnel record contains a DA Form 4037 (Officer Record Brief).  Section IX (Assignment History) of this form shows:

	a.  He served as a Radio Broadcast Officer with AFN Frankfurt beginning on 22 June 1972;

	b.  He served as a Broadcast Officer with AFN Frankfurt beginning on
15 September 1972; and

	c.  He was assigned to AFN Berlin beginning on 1 March 1973 with duties as the Officer in Charge.

6.  An award recommendation packet shows the applicant was recommended for award of the Meritorious Service Medal for his service with AFN, Europe from    21 June 1972 through 6 July 1976.  Part V (Proposed Citation) of the recommendation for award shows he served as the Officer in Charge of AFN Berlin AM-FM-TV from 1 March 1973 through July 1976.

7.  He provided SO Number 106, issued by Headquarters, U.S. Army, Europe (USAREUR) and Seventh Army, dated 15 April 1976, that show he was scheduled to depart on permanent change of station (PCS) to the U.S. Army Transfer Point, Fort Dix, NJ, with a reporting date of 7 July 1976.

8.  The applicant's DD Form 214 for the period ending on 10 July 1976 shows he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  It also shows in:

* Item 11 (Last Duty Assignment and Major Command) the entry "AFN with duty Berlin/USAREUR"
* Item 18f (Foreign and/or Sea Service This Period) the entry "04  00  19" indicating he completed 4 years and 19 days of foreign service during this period of service
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Army of Occupation Medal
* Item 27 (Remarks) the entry "Item 18f -- Germany"

9.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), in effect at the time, prescribed the policies and mandated operating tasks for the Military Personnel Information Management/
Records Program of the Military Personnel System.  Chapter 5 provides item-by-item preparation instructions for the DA Form 2-1.  It states to enter the organization and station to which a Soldier is assigned in item 35.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his records to show he served with AFN Berlin beginning on 1 March 1973 and to advise the Administrative Office of the United States Courts of the change was carefully considered.

2.  When the DA Form 66 converted to the DA Form 2-1, only the last entry was transcribed onto the DA Form 2-1.  Therefore, item 35 of his DA Form 2-1 is incomplete as shown.  There is no entry showing his assignment with AFN Frankfurt, Germany, and the dates shown for his assignment to AFN Berlin are incomplete.  There is no error; however, as a matter of equity for the applicant it would be appropriate to have this item corrected to show:

	a.  he served as a Radio Broadcast Officer with AFN Frankfurt beginning on      22 June 1972;

	b.  he served as a Broadcast Officer with AFN Frankfurt beginning on
15 September 1972; and

	c.  his assignment to AFN Berlin began on 1 March 1973.

3.  His DD Form 214 for the period ending 10 July 1976 correctly reflects his entire period of service in Germany.  Therefore, there is no correction to be made on this document.

4.  A copy of this decisional document will be provided to the Administrative Office of the U.S. Courts, Court Personnel Management, Division 5-560, Attention:  Sharon Page, 1 Columbus Circle, Washington, DC  20544, in accordance with the applicant's written authorization.

BOARD VOTE:

____X____  __X______  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding to item 35 of his DA Form 2-1, dated 12 September 1974, the entries:

EFFECTIVE
DATE
DUTY
MOSC
PRINCIPAL
DUTY
ORGANIZATION AND STATION OR OVERSEAS COUNTRY
720622
05522
Radio Broadcast Officer
AFN w/dy Frankfurt Germany
720915
05522
Broadcast Officer
AFN w/dy Frankfurt Germany
	b.  amending item 35 of his DA Form 2-1, dated 121 September 1974, to show he was assigned to AFN Berlin on "730301" (1 March 1973) instead of "731023" (23 October 1973); and

	c.  providing a copy of this decisional document to the Administrative Office of the U.S. Courts, Court Personnel Management, Division 5-560, Attention:  Sharon Page, 1 Columbus Circle, Washington, DC  20544, in accordance with the applicant's written authorization.



      __________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)                                         AR20110000859



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ABCMR Record of Proceedings (cont)                                         AR20110000859



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