BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000962 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000962 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 adding "USAREUR" to item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). ___________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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000962 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 to item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he was stationed in Germany. He claims his foreign service needs to be reflected on his DD Form 214 in order to obtain benefits. 3. The applicant claimed to provide a copy of his DD Form 214; however, no additional evidence was provided. 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 was inducted into the Army of the United States on 21 August 1970. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany with United States Army Europe (USAREUR). 4. Item 38 (Record of Assignments) of his DA Form 20 shows he served in USAREUR with the 51st Maintenance Battalion. 5. On 17 March 1972, the applicant was released from active duty. The DD Form 214 he was issued at the time shows he completed 1 year, 6 months and 27 days of creditable active service with 7 months and 3 days foreign and/or sea service. Item 12 (Last Duty Assignment and Major Command) contains the entry "HQ & CO A 51ST MAINT BN USAREUR." REFERENCES: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated for item 22c, enter total active service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." DISCUSSION: The evidence of record clearly shows the applicant served in Germany with USAREUR; however, this is not reflected in item 22c of his DD Form 214. It is logical to conclude an administrative error occurred during the preparation of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2