IN THE CASE OF:
BOARD DATE: 8 OCTOBER 2015
DOCKET NUMBER: AR20140016111
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 completed over 2 years of foreign service in Germany.
2. The applicant states his DD Form 214 shows he completed 1 year, 1 month, and 6 days of foreign service in Germany. This is incorrect; he was in Germany for over 2 years of foreign service.
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 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 enlisted in the Regular Army on 30 August 1974 and he held military occupational specialty 94B (Food Service Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Germany from 11 January 1975 through 23 February 1977 while assigned to Company B, 703d Maintenance Battalion, a period of 2 years, 1 month, and 13 days. He departed Germany en route to the United States on 24 February 1977.
4. He was honorably discharged on 28 February 1977. His DD Form 214 shows he completed 2 years, 5 months, and 29 days of active service. It also shows the following entries:
* item 18(f) (Foreign and/or Sea Service This Period) "01 01 16"
* item 27 (Remarks) "Country of Last Overseas Service: Germany"
REFERENCES:
Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. 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 should be complete and accurate. The instructions for item 18f stated to enter the total service completed outside the continental United States during the period covered by the DD Form 214.
DISCUSSION:
The evidence of record shows the applicant served in Germany from 11 January 1975 through 23 February 1977, a period of 2 years, 1 month, and 13 days. His DD Form 214 erroneously credited him with only 1 year, 1 month, and 16 days of foreign service.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20140016111
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
0Enclosure 20
ABCMR Record of Proceedings (cont) AR20140016111
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003400
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation and Record of Service) as follows: * item 15 (Date Entered Active Duty This Period) to show 29 January 1975 vice 25 June 1975 * item 18f (Foreign and/or Sea Service This Period) to add his service from 15 January 1979 to 28 February 1979 in support of the Return of Forces to Germany (REFORGER) Exercise * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2009 | 20090010912
Application for correction of military records (with supporting documents provided, if any). The applicant requests that item 18f (Foreign and/or Sea Service This Period) and item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 13 November 1978 be changed to include his period of service in Korea. The applicant's military personnel records show he enlisted in the Regular Army on 16 November 1972 for a...
ARMY | BCMR | CY2014 | 20140012333
The applicant contends that his 28 April 1977 DD Form 214 should be corrected to show he received a high school diploma (in 1975) and two years of college credit (as of 1979), and also his service in Korea. There is no evidence of record and the applicant provides insufficient evidence to show he completed any additional civilian education prior to his discharge on 28 April 1977. c. Item 20 of his 28 April 1977 DD Form 214 shows he completed 11 years of high school and zero (0) years of...
ARMY | BCMR | CY2005 | 20050002076C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of discharge. He states there are no discharge documents which show his periods of service from 14 August 1966 through 11 July 1967 and 2 January 1975 through 29 June 1979 and his service in Germany, Vietnam and Korea. The evidence of record shows the applicant reenlisted on 30 September 1976 and was discharged on 29 June 1979.
ARMY | BCMR | CY2009 | 20090004973
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of entry on active duty as 24 September 1973 and to reflect his foreign service in Korea and Germany. The applicant provides a copy of an earlier Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 26 February 2008, in support of his request. The evidence of record further shows the applicant reenlisted, on 28 July 1975, and he was...
ARMY | BCMR | CY2009 | 20090019621
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 May 1981 to show all periods of his foreign service. His previous DD Form 214 (Report of Separation from Active Duty) for the period ending on 4 May 1977 listed 2 years, 10 months, and 11 days of foreign service. Item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 does not show completion of any foreign service.
ARMY | BCMR | CY2010 | 20100010844
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 January 1979 to show his entry date as 1 June 1974. The applicant's records show he enlisted in the OKARNG for a period of 6 years on 25 July 1975. The DD Form 214 he was issued for this period of active service shows the following entries: * item 15 (Date Entered Active Duty (AD) This Period) shows "77 07 21" * item 9d (Effective Date (of Separation This Period) shows "79...
ARMY | BCMR | CY2010 | 20100020875
The applicant requests correction to Item 12a (Date Entered AD (active duty) This Period), 12f (Foreign Service), and 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1991. No evidence shows he served in Vietnam or performed any sea service during the period covered by the DD Form 214 from 1976 to 1991. He was properly issued a DD Form 214 at the time of his discharge from the USMC crediting him with that service.
ARMY | BCMR | CY2014 | 20140004620
The applicant requests correction of his 16 November 1975 DD Form 214 (Report of Separation from Active Duty) and 5 September 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show active duty service (ADS) credit that was granted by the Army Board for Correction of Military Records (ABCMR) to correct his military service records. The Board found the applicant was transferred to the U.S. Army Reserve (USAR) on 16 November 1975 with 16 years, 3 months, and 26 days of...
ARMY | BCMR | CY2004 | 20040002603C070208
The applicant requests, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his correct amount of active service, total service for pay, and foreign service. This regulation states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Section II, paragraph 2-4(12) (Record of Service) of Army Regulation 635-5, currently in effect, shows that for items where a period of...