IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011567
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 had foreign service duty.
2. The applicant states his foreign service duty is not shown on his DD Form 214.
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 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. A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 31 March 1975, shows that the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years. This contract indicated this was his first enlistment and that he had no previous active Federal service.
3. Reserve Letter Orders Number T-4-150, Presidio of San Francisco, dated
16 April 1975, assigned the applicant to the 693rd Supply Company located in Bell, California. These orders also ordered the applicant to active duty training (ADT) at Fort Leonard Wood, MO, with a start date of 9 May 1975.
4. A DD Form 214 shows that the applicant entered ADT on 1 May 1975. He completed his initial training and was released from ADT and transferred back to the control of the USAR. He had completed 3 months and 28 days of ADT, none of which was outside of the continental borders of the United States. Item 18f (Foreign Service) states "NONE."
5. Reserve Letter Orders Number D-1-219, Presidio of San Francisco, dated
12 January 1976, discharged the applicant from the USAR effective 3 November 1975. The basis for this action was the applicant's enlistment in the U.S. Marine Corps.
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 18f (Foreign Service) of the total amount of foreign service completed during the current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he performed foreign service.
2. The available evidence of record shows that the applicant completed a period of ADT at Fort Leonard Wood, MO. There is no evidence showing that he had any other active duty service while in the U.S. Army.
3. There does not appear to be any error or injustice in this case.
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) AR20130011567
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ABCMR Record of Proceedings (cont) AR20130011567
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