IN THE CASE OF:	  

		BOARD DATE:	  8 OCTOBER 2015

		DOCKET NUMBER:  AR20140016111 


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 (Certificate of Release or Discharge from Active Duty) to show he completed over 2 years of foreign service in Germany.

2.  The applicant states his DD Form 214 shows he completed 1 year, 1 month, and 6 days of foreign service in Germany.  This is incorrect; he was in Germany for over 2 years of 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 30 August 1974 and he held military occupational specialty 94B (Food Service Specialist).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany from 11 January 1975 through 23 February 1977 while assigned to Company B, 703d Maintenance Battalion, a period of 2 years, 1 month, and 13 days.  He departed Germany en route to the United States on 24 February 1977.

4.  He was honorably discharged on 28 February 1977.  His DD Form 214 shows he completed 2 years, 5 months, and 29 days of active service.  It also shows the following entries:

* item 18(f) (Foreign and/or Sea Service This Period)  – "01  01  16"
* item 27 (Remarks) – "Country of Last Overseas Service:  Germany"

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, established 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.  It is important that information entered on the form should be complete and accurate.  The instructions for item 18f stated to enter the total service completed outside the continental United States during the period covered by the DD Form 214.

DISCUSSION:

The evidence of record shows the applicant served in Germany from 11 January 1975 through 23 February 1977, a period of 2 years, 1 month, and 13 days.  His DD Form 214 erroneously credited him with only 1 year, 1 month, and 16 days of foreign service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                         AR20140016111



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ABCMR Record of Proceedings (cont)                                         AR20140016111



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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