BOARD DATE:  1 August 2018

		DOCKET NUMBER:  AR20160019178


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:  1 August 2018

		DOCKET NUMBER:  AR20160019178


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 
deleting the current entry from block 12c (Foreign Service) of his DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) for the 
period ending on 23 December 1956 and adding the entry “2 years, 2 months, 
and 7 days.”



                                    ______________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:  1 August 2018

		DOCKET NUMBER:  AR20160019178


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, at block 24c, an 
additional year of foreign service.

2.  The applicant states he went to Europe in October 1954 and returned on 
21 December 1956.

3.  The applicant provides no additional 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's service records were damaged in the fire at the National 
Personnel Records Center in 1973.  While many of the documents were lost or 
severely damaged, a sufficient number of documents were recovered.  The 
recovered documents are sufficient to allow the Board to conduct a fair and 
impartial review of this case.  

3.  The applicant's DA Form 24 (Service Record) contains the following entries: 

	a.  assignment to the units in Germany from 4 November 1954 to 
10 December 1956;  

	b.  Section 5 (Service Outside Continental United States) shows he departed 
New York on 18 October 1954 for Germany arriving on 27 October 1954; and 

	c.  the date of departure from Germany is not legible; however, his arrival 
date in NY is shown as 21 December 1956.

4.  On 23 December 1956, he was honorably discharged as an early release for 
overseas returnee.  His DD Form 214 shows, at block 24c, 1 year, 2 months, and 
4 days of foreign service.

REFERENCES:

Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the 
separation documents that must be prepared for Soldiers on retirement, 
discharge, release from active duty service, or control of the Active Army.  It 
establishes standardized policy for preparing and distributing the DD Form 214 
and states for the entry for block 24c, the  is taken from the Service Record, 
enter the total amount of foreign service completed during the period covered in 
block 24a(1).

DISCUSSION:

The applicant's Service Record shows he served in Germany from 4 November 
1954 to 10 December 1956, 2 years, 2 months, and 7 days.  The DD Form 214 
omits one year of foreign service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160019178


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160019178


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2