IN THE CASE OF:  	  

		BOARD DATE:  22 October 2015  	  

		DOCKET NUMBER:  AR20150004764 


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 his service overseas.  He additionally requests to personally appear before the Board.

2.  The applicant states he served between 1969 and 1975 (Vietnam-Era) and the time he served overseas is not reflected on his DD Form 214.

3.  The applicant provides a DD Form 214 for the period ending 19 October 1975.

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's records show he enlisted in the U.S. Army Reserve (USAR) on 5 February 1975 at the age of 19 years old.  In item 49 (Prior Service) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) it states the applicant enlisted with no prior service.

3.  His service record contains a DD Form 214 (also provided by the applicant) for the period ending 19 October 1975.  

	a.  The type of separation is listed as Relief from Active Duty for Training with an honorable characterization of service.  

	b.  The station from which he was released is shown as Fort Leonard Wood, MO.  

	c.  His DD Form 214 shows he completed 6 months and 12 days of net active creditable service.  

	d.  Item 27 (Remarks) shows the following entries:

* release from active duty for training and returned to control of the Army Reserve to complete remaining service obligation of 5 years, 3 months, and 15 days
* completion of 7 week military occupational specialty (MOS) training for MOS 76Y (Armorer/Unit Supply Specialist) at Fort Leonard Wood

4.   His DA Form 2-1 (Personnel Qualification Record - Part II) does not show any overseas service.  Following completion of MOS training, he is shown as being USAR-Ready on 20 October 1975.  He is then shown as being assigned to Company A, 330th Engineer Battalion, Worchester, PA from on or about 12 January 1977 until his transfer to the USAR Control Group (Annual Training) on 28 December 1979.

5.  Orders Number 9-4, dated 14 January 1980, issued by Headquarters, First U.S. Army, shows the applicant was reassigned from Company A, 330th Engineer Battalion to USAR Control Group (Annual Training) effective 28 December 1979.

6.  Orders Number 01-1007078, dated 28 January 1981, issued by the USAR Components Personnel and Administration Center, shows the applicant was honorably discharged from the USAR effective 4 February 1981. 

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214.  It states, in pertinent part, the total period of foreign service for only the period covered by the DD Form 214 will be shown in item 18f (Foreign and/or Sea Service).

8.  AR 15-185 (ABCMR) prescribes policies and procedures for the ABCMR.  It states, in pertinent part, the ABCMR considers individual applications that are properly brought before it.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  It states further, in paragraph 2-11, that applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his overseas service be added to his DD Form 214 for the period ending 19 October 1975.  Additionally, he requests to personally appear before the Board.

2.  The applicant's request for a personal appearance hearing was carefully considered; however, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record, including independent evidence he provided, is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

3.  With regard to his request to add his overseas service, his records, unfortunately, do not show any periods of service performed outside the continental U.S.  Additionally, the DD Form 214 he provides (and the only one found in his available service record) addresses only his period of active duty for training, when he completed basic combat and MOS training.  As such, there is no evidence available to grant the applicant's request.  Should he obtain valid and verifiable documents (such as orders and/or pay documents) within 1 year of the date of the Board's decision, his application can be reconsidered.

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)                                         AR20150004764





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ABCMR Record of Proceedings (cont)                                         AR20150004764



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