IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020303
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 (Certificate of Release or Discharge from Active Duty) to show his foreign service during the Lebanon Intervention from 1 July to 1 November 1958.
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and military service certificates do not reflect his active service in Lebanon. Unless this is corrected, he is not eligible for benefits.
3. The applicant provides copies of:
* letter from the State of Connecticut Military Department, dated 14 September 2009
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard of Connecticut Honorable Discharge), dated 2 January 1957
* DD Form 214, dated 6 May 1959
* NGB Form 22, dated 7 July 1959
* National Personnel Records Center letter, dated 17 August 2011, with National Archives and Records Administration (NA) Form 13038 (Certification of Military Service)
* Report of Transfer or Discharge Armed Forces of the United States
* Internet printout for the 510th Tank Battalion/3rd Medium Tank Battalion, 35th Armor
* eligibility requirements for assistance from the State of Connecticut Solders', Sailors' and Marines' Fund
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, a Connecticut Army National Guard Solider, served on active duty from 9 May 1957 to 6 May 1959.
3. The applicant's records show he was honorably released from active duty on 6 May 1959 as a specialist four/E-4. His DD Form 214 shows in:
a. item 12 (Last Duty Assignment and Major Command) as Company D, 3rd Medium Tank Battalion, 35th Armor, APO 28 (Germany), and
b. item 12c (Foreign and/or Sea Service) as "1 7 4" (1 year, 7 months, and 4 days).
4. The applicant provides a copy of an Internet article that states the 35th Armor was sent to Lebanon in the summer of 1958.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form 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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his foreign service in Lebanon in 1958 should be shown on his DD Form 214.
2. There is no evidence of record showing the applicant served in Lebanon.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant did not submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 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) AR20090006095
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020303
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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