IN THE CASE OF:	  

		BOARD DATE:	       25 September 2008

		DOCKET NUMBER:  AR20080008583 


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, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his service in Germany.  

2.  The applicant states, in effect, that his DD Form 214 does not show that he served in Germany in 1974/1975 while stationed with the Big Red One at Fort Riley, KS, during Operation Reforger.

3.  The applicant provides a copy of 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 on 23 July 1973, trained as a medical specialist, and was released from active duty on 30 July 1975.

3.  Item 18(f) (Foreign and/or Sea Service This Period) on the applicant’s DD Form 214 shows the entry, “0 0 0.”  

4.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank. 

5.  There is no evidence of record which shows the applicant served in Germany during Operation Reforger.

6.  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 18f.  

DISCUSSION AND CONCLUSIONS:

There is no evidence of record, and the applicant has provided no evidence, such as travel vouchers which shows he served in Germany.  Therefore, there is an insufficient basis for granting the applicant’s request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  __xx____  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.



      _______ _xxxx______   ___
               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)                                         AR20080008583





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ABCMR Record of Proceedings (cont)                                         AR20080008583



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