IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110004549
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 he served 28 months overseas and was a member of the 1st Battalion (Airborne) 509th Infantry Battalion Combat Team.
2. He states that after he completed airborne school, he was sent to 2nd Battalion, 325th Infantry Regiment and from there he was sent to Germany for a few months of field duty. Following his assignment in Germany, he was sent to the 509th Infantry in Italy where he completed his military obligation.
3. He provides a self-authored statement, photographs, supporting statement, and an extract from "Eur Army" magazine, dated November 1978.
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 record shows he enlisted in the Regular Army on 3 May 1976. He was honorably released from active duty on 30 April 1979.
3. Item 11 (Last Duty Assignment and Major Command) of his DD Form 214 shows Headquarters and Headquarters Company (HHC), 1st Battalion, 509th Infantry Regiment Airborne Battalion Combat Team, (ABCT) United States Army Europe (USAREUR).
4. Item 35 (Record of Assignment) of his DA Form 2-1 (Personnel Qualification Record) shows the effective date, the principal duty, and the organization he was assigned to during his overseas service. This form shows the following:
* 17 December 1976 to 25 July 1977, HHC, 1st Battalion, 46th Infantry Regiment, 1st Armored Division, Germany
* 26 July 1977 to 26 April 1979, HHC, 1st Battalion, 509th Infantry Regiment, USAREUR - Italy (ABCT)
5. His DD Form 214 shows the following:
* Item 18f (Foreign and/or Sea Service This Period) - "00 04 18"
* Item 27 (Remarks) "USAREUR - GERMANY/ITALY"
6. He provides a magazine article and photographs depicting him during his time Europe.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4 requires the preparer to enter the total amount of foreign service completed during the period covered in item 18f.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served overseas in USAREUR/ Italy from 17 December 1976 to 27 April 1979. Therefore, he is entitled to correction of his records to show his foreign service in item 18f as follows:
1979 04 27 date of departure
- 1976 12 17 date of arrival
= 2 04 10
+ 1 day inclusive
= 2 04 11
2. Evidence of record further shows his last unit assignment was HHC, 1st Battalion, 509th Infantry Regiment (ABCT) USAREUR which is correctly annotated on his DD Form 214, as he requests. Therefore, there is no need for further correction regarding this issue.
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 deleting from item 18f of his DD Form 214 "00 04 18" and adding "02 04 11."
_______ _ __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) AR20110004549
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ABCMR Record of Proceedings (cont) AR20110004549
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