IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023773
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 he drew combat pay and was in imminent danger during his assignment in the Federal Republic of Germany (FRG).
2. The applicant states he patrolled the border between the FRG and Czechoslovakia during 1979 to 1981. He needs his DD Form 214 corrected to show this service so he can retain his membership in the Veterans of Foreign Wars (VFW) Post 5395.
3. The applicant provides no additional documentation.
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. On 4 December 1978, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout).
3. On 1 June 1979, the applicant was assigned for duty in the FRG as an assistant scout with Troop A, 1st Squadron, 1st Cavalry. He returned to the U.S. on or about 28 May 1981 and was subsequently assigned for duty at Fort Knox, Kentucky.
4. On 2 September 1983, the applicant was discharged due to a physical disability. He had attained the rank of sergeant, pay grade E-5, and had completed 4 years, 8 months, and 29 days of creditable active duty service.
5. Item 12f (Foreign Service) of the applicant's DD Form 214 indicates he served overseas for a period of 1 year, 11 months, and 28 days.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for an entry in block 12f (Foreign Service) showing the total amount of foreign service completed during the reported period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he drew combat pay and was in imminent danger during his assignment in the FRG because he wants to retain his membership in the VFW.
2. There is no available evidence of record showing that the applicant performed border patrol duties or was assigned to duty placing him in imminent danger that would have authorized him a special pay. However, even if he was so assigned, the governing regulation for completing the DD Form 214 does not provide for the entry of such data.
3. Furthermore, the applicant's desire to retain his membership in the VFW is not justification for changing his military records.
4. In view of the above, the applicant's request should be denied.
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) AR20110023773
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ABCMR Record of Proceedings (cont) AR20110023773
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