BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001976
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 foreign service in Turkey.
2. The applicant states his DD Form 214 should be reviewed and amended accordingly.
3. The applicant provides no additional evidence.
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 19 June 1969. On 15 June 1971, the applicant was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. The DD Form 214 he was issued upon his release from active duty shows he served 1 year, 6 months, and 29 days for foreign service in United States Army Europe (USAREUR).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in USAREUR, in Germany, for the period 9 November 1969 to 11 June 1971.
4. Item 38 (Record of Assignments) of his DA Form 20 shows he served as a cook in the 79th Engineer Battalion, USAREUR, throughout his service overseas.
5. There is no evidence in the applicant's record and the applicant provides no evidence to support his contention that he served in Turkey at any time during his military service.
6. Army Regulation 635-5 (Separation Documents), then in effect, 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions state that the amount of foreign service completed during the period covered by the separation document will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicants contention that his DD Form 214 should be corrected to reflect his service in Turkey was carefully considered. However, his records contain no evidence and he provides no evidence to corroborate his claim. Further, Turkey is also in USAREUR, and only the major command was listed, not the country of assignment. Therefore, there is an insufficient evidentiary basis to support granting the 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) AR20140001976
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ABCMR Record of Proceedings (cont) AR20140001976
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