IN THE CASE OF: BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014126 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014126 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014126 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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Korea and Germany. 2. The applicant states he was in Korea from March 1969 to April 1970 and Germany from December 1970 to April 1971. 3. The applicant provides Special Orders Number 248, dated 13 November 1970, a message, his DD Form 214, and a DD Form 215 (Correction to 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's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 13 August 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he completed overseas service in Korea from 21 March 1969 to 15 April 1970 and in Germany from 30 December 1970 to 4 August 1971. 4. The Army honorably released him from active duty on 13 August 1971 and transferred him to the U.S. Army Reserve Control Group (Reinforcement) on the following day. 5. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 4 months, and 15 days of foreign service and shows the entry "GERMANY." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect 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 preparation of the DD Form 214. The regulation provided that total active duty outside continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered in item 22c of the DD Form 214. DISCUSSION: 1. The applicant's DA Form 20 confirms he completed overseas service that included service in Korea from 21 March 1969 to 15 April 1970 and Germany from 30 December 1970 to 4 August 1971. 2. Since the applicant's last oversea assignment was Germany, this entry was properly entered in Item 22c of his DD Form 214 in accordance with the governing regulation in effect at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2