IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012880 


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 discharge date as 1965 instead of 1961
* His rank as a sergeant (SGT) instead of specialist four (SP4)
* His overseas service in Germany as 3 years instead of 1 year and 6 months

2.  The applicant states he was extended 18 more months in Germany.

3.  The applicant provides his DD Form 214 for the period ending 5 November 1961 and his Honorable Discharge Certificate.

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 inducted into the Army of the United States on 6 November 1959 and he held military occupational specialty 640.00 (Light Vehicle Driver).  He arrived in Germany on 18 April 1960 and he was assigned to the 39th Transportation Company.

3.  While in Germany, he was promoted to private first class/E-3 on 6 July 1960 and to SP4/E-4 on 1 April 1961.  Also while in Germany, he was honorably released from active duty on 5 November 1961 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.

4.  His DD Form 214 for this period of service shows in:

* Item 3a (Grade, Rate or Rank) - SP4 (T) (Temporary) E4
* Item 3b (Date of Rank) - 1 April 1961
* Item 11d (Effective Date (of Separation)) - 5 November 1961
* Item 22c (Statement of Service - Foreign and/or Sea Service) - 1 year, 6 months and 27 days of foreign service

5.  He was immediately ordered to active duty from the USAR on 6 November 1951 and continued to serve with the 39th Transportation Company.  He was then promoted to SGT/E-5 on 31 July 1962.  

6.  He was voluntarily extended on active duty for 6 months on 4 October 1962 and he ultimately departed Germany on 19 March 1963.  

7.  He was honorably released from active duty on 22 March 1963 and returned to the USAR Control Group (Reinforcement) to complete his remaining obligation of 2 years, 7 months, and 13 days.  His DD Form 214 for this period of service shows in:

* Item 3a - SGT E-5 (T)
* Item 3b - 31 July 1962
* Item 11d - 22 March 1963
* Item 22c - 1 year, 4 months, and 14 days of foreign service

8.  He was discharged from the USAR on 31 October 1965 after having completed his military service obligation and he was issued an Honorable Discharge Certificate that listed his rank as a SGT.

9.  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 his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that:

* Items 3a and 3b shows the rank/grade and date of rank at the time of separation
* Item 11d shows the effective date of separation/discharge
* Item 22c shows total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR [U.S. Army Europe]

DISCUSSION AND CONCLUSIONS:

1.  With respect to his first DD Form 214 that covered his active duty from 6 November 1959 to 5 November 1961:

	a.  He entered active duty on 6 November 1959 and he was honorably released from active duty on 5 November 1961.  He was promoted to SP4 on 1 April 1961 and he arrived in Germany on 18 April 1961.

	b.  His rank is correctly shown on this DD Form 214.  He was not promoted to SGT during the period covered by this DD Form 214. 

	c.  He did not serve through 1965 during the period covered by his DD Form 214.

	d.  He arrived in Germany on 18 April 1960 and remained in Germany through his release from active duty date on 5 November 1961, a period of 1 year, 6 months, and 27 days.  Only the total active duty outside continental limits of the United States for the period covered by the DD Form 214 is listed on this form.  In his case, his foreign service is correctly shown on this DD Form 214.

2.  With respect to his first DD Form 214 that covered his active duty from 6 November 1961 to 22 March 1963, the applicant will be provided with a copy of this form:

	a.  He was ordered to active duty from his USAR component on 6 November 1961 and he was honorably released from active duty on 23 March 1963.  He was promoted to SGT on 31 July 1962 and he departed Germany on 19 March 1963.

	b.  His rank is correctly shown on this DD Form 214.  He was, indeed, promoted to SGT during the period covered by this DD Form 214. 

	c.  He did not serve on active duty through 1965 during the period covered by his DD Form 214.  He was honorably released from active duty on 22 March 1963.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  In the applicant's case, he was transferred to the USAR on 22 March 1963 to complete his remaining service obligation. 

	d.  He continued to serve in Germany from the date of his order to active duty on 6 November 1961 through 19 March 1963, a period of 1 year, 4 months, and 14 days.  Again, only the total active duty outside continental limits of the United States for the period covered by the DD Form 214 is listed on this form.  In his case, his foreign service is correctly shown on this DD Form 214.

	e.  When combining his foreign service during the first period of service (1 year, 6 months, and 27 days) and second period of service (1 year, 4 months, and 14 days), they add up to 2 years, 11 months, and 11 days) of foreign service.

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)                                         AR20110012880





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ABCMR Record of Proceedings (cont)                                         AR20110012880



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