ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20180010654


APPLICANT REQUESTS:  correction to item 26 (Foreign and/or Sea Service) of his   
DD Form 214 (Report of Separation from the Armed Forces of the United States) to 
show 2 years, 5 months and 16 days instead of 1 year, 5 months and 16 days.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant's complete military record is not available to the Board for review.  A 
fire destroyed approximately 18 million service members' records at the National 
Personnel Records Center in 1973.  It is believed that his records were lost or destroyed 
in that fire.  However, there were sufficient documents on file for the Board to conduct a 
fair and impartial review of this case.  This case is being considered primarily using his 
DD Form 214 and documents provided by the National Archives and Records 
Administration.

3.  The applicant claims a clerical mathematical error.  He states he entered service on 
2 January 1952 and all of his service was foreign service except for the first six months, 
which was basic training.

4.  The applicant's DD Form 214 shows enlisted in the Regular Army for 3 years and he 
entered into active service on 2 January 1953 and he was honorably released from 
active duty on 7 December 1955.  His DD Form 214 also shows:

*	Item 24 (Total Net Service Completed for Pay Purposes), 2 years, 11 months,      
6 days
*	Item 26, 1 year, 5 months, 16 days

5.  The applicant's available records do not contain any evidence showing he completed 
2 years, 5 months and 16 days of foreign service.

6.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.  For item 26, enter the total active 
service performed outside the continental limits of the United States for the period 
covered by the DD Form 214.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
the available evidence in the records.  The Board discussed the applicant’s statement, 
the fact that his was a burnt record and the place of his separation.  The Board 
determined that there was insufficient evidence of additional foreign service to make the 
applicant’s requested change to the record. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION











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.




	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Personnel Separations), then in effect, states the 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.  For item 26, enter the total active 
service performed outside the continental limits of the United States for the period 
covered by the DD Form 214.

ABCMR Record of Proceedings (cont)	 AR20180010654

2

1