IN THE CASE OF: 

		BOARD DATE: 7 March 2023

		DOCKET NUMBER: AR20220006158


APPLICANT REQUESTS:  in effect his foreign service in France be recorded on his 
DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Personal Statement
*	Training Certificate, 2 December 1966
*	Honorable Discharge Certificate, 10 March 1971
*	Certificate of Appreciation, 10 March 1971
*	Transmittal of Records, undated
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) 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 states, in effect, that he was serving on active duty in France when his 
father suffered a stroke in May 1967. He went home on emergency leave and his father 
died two days later. He contends that he remained in a temporary duty status while 
gathering documentation to support his request for a hardship discharge. He further 
contends that he was on active duty for more than 90 days and should be entitled to 
veteran's benefits.

3.  The applicant’s military records are not available for review in this case. The National 
Personnel Records Center - Military Personnel Records was unable to locate the 
applicant's military records upon request. However, the applicant provided sufficient 
records to conduct a fair and impartial review of this case.


4.  The applicant's DD Form 214 shows that while serving in the U.S. Army Reserve, the 
applicant was ordered to active duty for training on 23 September 1970. He was 
honorably discharged on 10 March 1971 due to hardship.

5.  His DD Form 214 shows he completed:

*	1 month, and 10 days of net service for the period
*	1 year, and 1 month, of other service
*	1 year, 2 months, and 10 days of total active service

6.  His DD Form 214 further shows the applicant had lost time from 23 September 1970 
to 21 January 1971 (3 months and 29 days).

7.  The applicant provides a training certificate, 2 December 1966, which shows he 
successfully completed the Light Wheeled Driver Course at Fort Polk, Louisiana.

8.  The applicant's available record does not show he completed any foreign service.

9.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR. 
The ABCMR will decide cases on the evidence of record. It is not an investigative body. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
applicant’s service records are not available for review. The evidence shows while 
serving in the U.S. Army Reserve, the applicant was ordered to active duty for training 
on 23 September 1970. He was honorably discharged on 10 March 1971 due to 
hardship. His DD Form 214 shows he completed 1 month, and 10 days of net service 
for the period. The applicant's available record does not show, and the applicant has not 
provided documentary evidence that shows he completed any foreign service.


?
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.


?
REFERENCES:

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 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.

2.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR. 
The ABCMR will decide cases on the evidence of record. It is not an investigative body. 
The applicant has the burden of proof.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006158


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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