BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120003765
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 all of his creditable active service, including his foreign service of 7 months and 17 days.
2. The applicant states, in effect, item 22b (Statement of Service Total Active Service) does not include his foreign service of 7 months and 17 days shown in item 22c (Foreign and/or Sea Service). He adds that he is a federal government retiree and his annuity is not being properly computed because of this error. He retired from a DOD agency in 2009 after completing 29 years and 2 months of Federal service. He noticed his active duty service and foreign service were not properly tabulated. This affects his entitlement to benefits.
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 17 September 1971 for a period of 3 years. He completed training and he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).
3. Subsequent to completion of MOS training, he was reassigned to the U.S. Army Europe (USAREUR) on 29 March 2972 as a communications center specialist. He served in USAREUR until 14 November 1972, at which time he departed USAREUR en route to Fort Dix, NJ for separation processing. Records show he completed 7 months and 17 days of foreign service in USAREUR.
4. On 16 November 1972, he was discharged under the provisions of Army Regulation 635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability) by reason of unsuitability with a general discharge. The DD Form 214 he was issued at the time shows in:
* Item 17c (Date of Entry) 17 September 1971
* Item 11d (Effective Date) of separation 16 November 1972
* Item 22b (Total Active Service) 1 year and 2 months
* Item 22c (Foreign and/or Sea Service) 7 months and 17 days
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states for:
* Item 11d, enter the date separation is accomplished
* Item 17c, enter the date entered on active duty
* Item 22a(1) (Net Service This Period), enter the total service completed between items 11d and 17c
* Item 22a(2) (Other Service), enter all prior service excluding that shown in item 22a(1)
* Item 22b, enter the total active service completed beginning with the earliest period of active service up to and including current period of active duty
* Item 22c, enter the total active duty outside of the continental limits of the United States for the period covered by the DD Form 214
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his foreign service period of 7 months and 17 days be added to his total creditable active duty service of 1 year and 2 months, which would give him 1 year, 9 months, and 17 days of total service.
2. The applicant entered active duty on 17 September 1971 and he was discharged on 16 November 1972. The total active service completed between his date of entry and separation date equates to 1 year and 2 months of total active service. Therefore, his DD Form 214 accurately reflects this service.
3. During his period of active service he served in USAREUR from 29 March 1972 through 14 November 1972 for a period of 7 months and 17 days. This period of foreign service is within his entrance and separation dates and, therefore, inclusive in his 1 year and 2 months of total active service.
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 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) AR20120003765
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ABCMR Record of Proceedings (cont) AR20120003765
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