IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013309 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013309 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 22c of his DD Form 214 the entry "0-0-0" and adding the entry "USAREUR 0001-04-15." ___________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. IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013309 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 his foreign service in Korea and in Bamberg, Germany. 2. The applicant states his DD Form 214 does not reflect his 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 16 April 1968 for 3 years. He held military occupational specialty 63B (Wheeled Vehicle Mechanic). He served in: * Korea, from 6 September 1968 to 5 October 1969, a period of 1 year * Germany, U.S. Army Europe (USAREUR), from 11 February 1970 to 25 June 1970, a period of 4 months and 15 days 3. On 22 May 1970, he was authorized emergency leave from Germany beginning on or about 26 May 1970 through 24 June 1970. He did not return and was reported in an absent without leave status. He was dropped from the rolls on 24 July 1970. He ultimately returned to military control on 8 August 1970. 4. He was released from active duty on 22 July 1971 due to expiration of his term of service. His DD Form 214 shows he completed 3 years of active service and he had 98 days of lost time. His DD Form 214 also shows in: * item 22c (Foreign and/or Sea Service), the entry "0-0-0" indicating no foreign service * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: Army Regulation 635-5 (Separation Documents) establishes the 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. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. a. The version of the regulation in effect at the time of his first discharge provided that item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, U.S. Army Europe (USAREUR)) in which the service was performed would be entered in item 22c. b. The version currently in effect provides that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f (Foreign Service) and is obtained from the Soldier's records. DISCUSSION: The applicant completed 1 year of foreign service in Korea as well as 4 months and 15 days of foreign service in Germany for a total of 1 year, 4 months, and 15 days. Item 22c of his DD Form 214 does not reflect this foreign service or that his last overseas service was in USAREUR. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013309 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013309 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2