IN THE CASE OF: BOARD DATE: 12 April 2012 DOCKET NUMBER: AR20110020205 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 the correct length of his overseas service. 2. The applicant states he served in the U.S. Army Europe (USAREUR) for a period of 1 year, 11 months, and 13 days; however, Item 22c (Foreign and/or Sea Service) of his DD Form 214 only shows the 11 months and 13 days. 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. Evidence of record and background information: a. On 14 March 1969, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 95B (Military Policeman). b. On 1 August 1969, the applicant was assigned as a military policeman with the 59th Ordnance Company, located in the Federal Republic of Germany (FRG). c. On 14 August 1969, he was reassigned within the FRG to the 193rd Military Police Company. d. On or about 13 July 1971, he returned to the U.S. for assignment at Fort Benning, Georgia. e. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) records his service in the FRG as from 1 August 1969 to 13 July 1971, a period of 1 year, 11 months, and 13 days. 3. On 1 October 1971, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years, 6 months, and 18 days of creditable active duty service. 4. Item 22c of the applicant's DD Form 214 indicates in served in USAREUR for a period of 11 months and 13 days. 5. Army Regulation 635-5 (Separation Documents), as in effect at the time, required an entry in Item 22c reporting the theater of service and the length of time served overseas, shown in years, months, and days. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show the correct length of his overseas service. 2. The evidence of record clearly shows that the applicant served in USAREUR for a period of 1 year, 11 months, and 13 days; however, his DD Form 214 only shows the months and days of this overseas service. Therefore, his DD Form 214 should be corrected to show the entire period of his overseas service. BOARD VOTE: ___X ___ ___X ___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing in Item 22c of his DD Form 214: 1 year, 11 months, and 13 days. ___________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) AR20110020205 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020205 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1