BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160005694 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ ___x_____ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160005694 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 for the period ending 24 May 1976 by deleting the current entry and replacing it with the entry "00 07 04." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 24 May 1976 by deleting the prior inactive service shown in item 18d (Prior Inactive Service). __________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: 5 December 2017 DOCKET NUMBER: AR20160005694 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 (Report of Separation from Active Duty) for the period ending 24 May 1976 to show lesser amounts of prior inactive and foreign service. 2. The applicant states his DD Form 214 shows he was credited with 2 years, 6 months, and 27 days of foreign service time for the period. It also shows he was credited with 3 months and 2 days of prior inactive service. He completed 6 months of service in Germany and had no inactive service prior to joining the Regular Army on 27 May 1975. 3. The applicant provides a copy of 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. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) within the applicant's record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 25 February 1975. He served in the DEP through 26 May 1975, when he was discharged for enlistment in the Regular Army. His service in the DEP equated to 3 months and 2 days. 3. The applicant enlisted in the Regular Army on 27 May 1975. 4. Following the completion of his initial entry training, the applicant was assigned, on or about 20 October 1975, to a unit in the Federal Republic of Germany. He served in Germany from 20 October 1975 through 23 May 1976, a period of 7 months and 4 days. 5. Special Orders Number 142, issued by Headquarters, U.S. Army Europe on 21 May 1976, shows the applicant was reassigned to the Fort Jackson, SC, separation transfer point effective 24 May 1976. 6. Special Orders Number 102, issued by Headquarters, U.S. Army Training Center, Fort Jackson, SC on 24 May 1976, show the applicant was honorably discharged this same day. His DD Form 214 confirms he was honorably discharged on 24 May 1976, after completing 11 months and 28 days of active military service. His DD Form 214 shows in: * Item 18d (Prior Inactive Service), the entry "00 03 02" * Item 18f (Foreign and/or Sea Service this Period), the entry "02 06 27," indicating he was credited with 2 years, 6 months and 27 days of foreign service * Item 27 (Remarks), the entry "COUNTRY OF LAST OVERSEAS SERVICE: GERMANY" REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214. Preparers of the DD Form 214 will use Item 18 (Record of Service) to show all service less time lost. DISCUSSION: 1. The applicant requests correction of his DD Form 214, to show lesser amounts of prior inactive and foreign service. He contends he had no inactive service prior to joining the Regular Army and he served in Germany for only 6 months. 2. The applicant's record confirms he served in the Regular Army for 11 months and 28 days, and his foreign service in Germany constituted 7 months and 4 days of his total period of service. Item 18f on his DD Form 214 incorrectly shows he was credited with 2 years, 6 months, and 27 days of foreign service. 3. The evidence of record confirms the applicant served 3 months and 2 days of inactive service under the DEP. Item 18d on his DD Form 214 correctly shows his DEP period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005694 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2