IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: 20150006305 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, correction of item 22c (Foreign Service) of his DD form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 14 December 1970 to show he completed 2 years, 6 months, and 15 days of foreign service. 2. The applicant states he left the Continental United States (CONUS) to go overseas on 18 January 1969 and returned to CONUS on 3 July 1969. The time he spent overseas should be accurately reflected on his DD Form 214. 3. The applicant provides page 3 of his DA Form 20 (Enlisted Qualification Record). 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 9 August 1965. 3. Item 31 (Foreign Service) of his DA Form 20 shows he began his service in Okinawa, Japan on 19 January 1967. He was honorably discharged for immediate reenlistment at Fork Buckner, Okinawa on 14 December 1967 and issued a DD Form 214. Item 22c shows he completed 10 months and 26 days of foreign service during the period covered by this DD Form 214. 4. He subsequently reenlisted in the Regular Army, in Okinawa, on 15 December 1967. Item 31 of his DA Form 20 shows he departed Okinawa enroute to CONUS on 3 July 1969. 5. He was honorably released from active duty and transferred to the U.S Army Reserve on 14 December 1970. Item 22c shows he completed 1 year, 6 months and 19 days of foreign service during the period covered by this DD Form 214. 6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends item 22c of his DD Form 214 for the period ending on 14 December 1970 should be corrected to show he completed 2 years, 6 months, and 15 days of foreign service. 2. During the period of service covered by his first DD Form 214 he served in Okinawa from 19 January 1967 to 14 December 1967; a period of 10 months and 26 days. This foreign service is accurately reflected in item 22c of the DD Form 214 for the period ending on 14 December 1967. 3. During the period of service covered by his second DD Form 214 he served in Okinawa from 15 December 1976 to 3 July 1969; a period of 1 year, 6 months and 19 days. This foreign service is accurately reflected in item 22c of the DD Form 214 for the period ending on 14 December 1970. 4. The applicant's total foreign service, from 19 January 1967 to 3 July 1969 covered a period of 2 years, 5 months, and 15 days. This service was split between two periods of active duty service and accurately annotated on two DD Forms 214. This occurred because he was honorably discharged for immediate reenlistment and issued a DD Form 214 while he was overseas. He subsequently reenlisted and the remainder of his foreign and military service was captured on a second DD Form 214. 5. At the time of the applicant's service the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty and provided a brief, clear-cut record of active Army service at the time of release from active duty. Each time a Solder enlisted or reenlisted they would have been issued a DD Form 214 at the end of the period for which they enlisted. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ 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. _______ _ 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) 20150006305 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) 20150006305 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1