MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 November 2000   
	DOCKET NUMBER:   AR2000044176

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That item 22c (Foreign and/or Sea Service) on his retirement DD Form 214 (Report of Transfer or Discharge) be corrected. 

APPLICANT STATES:  In effect, that there is a gross error in the overseas calculation in item 22c (Foreign and/or Sea Service) on his retirement DD Form 214.  He contends that he served a total of 8 years, 4 months and 24 days of foreign service and that his retirement DD Form 214 shows 2 years, 2 months and 8 days.  In support of his application, he submits a letter of explanation dated 19 June 2000; a copy of his retirement DD Form 214 with an effective date of 30 September 1967; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); orders for overseas duty to Japan and Germany; and a copy of his retirement orders.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant completed over 20 years of active duty before retiring in the rank of master sergeant on 30 September 1967.

The applicant’s personnel records contain one WD AGO Form 53-55 and three DD Forms 214 which show that he served a total of 8 years, 4 months and 
28 days of foreign and/or sea service during his 20 years of active duty.

The applicant’s retirement DD Form 214 covers the period 28 May 1964 through 30 September 1967.  Item 22c (Foreign and/or Sea Service) on this DD Form 214 shows that the applicant served 2 years, 2 months and 8 days of foreign and/or sea service.

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that, during the period covered by his retirement DD Form 214, the applicant served in Germany from 28 May 1964 through 5 August 1966, a total of 2 years, 2 months and 8 days.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item  22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that his retirement DD Form 214 does not show 8 years, 4 months and 24 days of foreign service.  However, the applicant’s four discharge documents properly reflect that he served a total of
8 years, 4 months and 28 days of foreign service during his 20 years of active duty.  

2.  The applicant’s retirement DD Form 214 which covers the period 28 May 1964 through 30 September 1967 shows that he served 2 years, 2 months and 
8 days of foreign service during this period.  In accordance with the governing regulation, only foreign service performed during the period covered by the DD Form 214 will be entered in item 22c (Foreign and/or Sea Service).  Therefore, item 22c (Foreign and/or Sea Service) on the applicant’s retirement DD Form 214 is correct as currently constituted.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

GDP____  MHM____  PM_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044176	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670930	
DISCHARGE AUTHORITY	Title 10 USC Section 3914	
DISCHARGE REASON	Retired after more than 20 years active Federal service 	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.