IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014827 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: 5 January 2017 DOCKET NUMBER: AR20150014827 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: 5 January 2017 DOCKET NUMBER: AR20150014827 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 service in Berlin, Germany, in or around January 1963. 2. The applicant states, in effect: a. He was stationed in Germany from 1963 to 1965. For a period of 3 months, starting in January 1963, he was sent on temporary duty (TDY) to Berlin, Germany, for duty at Checkpoint Charlie. b. He has been unsuccessful in finding any record of this period and requires it for membership in the local Veterans of Foreign Wars post. 3. The applicant provides no additional documentary evidence. 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 31 August 1962. 3. A DA Form 20 (Enlisted Qualification Record) shows: * In item 29 (Foreign Service) – Germany, 22 January 1963 to 10 August 1965 * In item 33 (Record of Assignments) – principal duty as Senior Rifleman, assigned to Company B, 2nd Battalion, 48th Infantry Regiment, starting on, or about, 2 February 1963 * no entries regarding either TDY or assignment to Berlin, Germany 4. A DA Form 24 (Service Record) shows his unit of assignment (Company B, 2nd Battalion, 48th Infantry Regiment) was located at Army Post Office (APO) 39 (Frankfurt, Germany). There is no reference to any duty (temporary or otherwise) in Berlin, Germany. 5. He was honorably released from active duty on 16 August 1965. His DD Form 214 shows he completed 2 years, 11 months, and 16 days of active duty service, with 2 years, 6 months, and 23 days of foreign service with U.S. Army Europe (USAREUR). He was awarded or authorized the Expert Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for completion of the DD Form 214. With regard to foreign service, it required the total active duty performed outside the continental U.S. to be reflected, along with the last overseas theater (i.e. USAREUR). There was no requirement to show periods of temporary duty on a DD Form 214. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: The applicant requests correction of his DD Form 214 to reflect his TDY service in Berlin, Germany. There is no regulatory requirement to show this type of service on the DD Form 214. Additionally, there are no entries or documents in his available service record affirming he was TDY in Berlin. As such, there is no evidence of an error requiring a records correction. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014827 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014827 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2