RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 August 2005
DOCKET NUMBER: AR20040008878
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Ms. Jeanette R. McCants | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected to show all of his foreign
service.
2. The applicant states that his DD Form 214 shows that he completed 4
years. 0 months, and 0 days of foreign service. He states that he actually
completed 5 years, 0 months, and 0 days of foreign service.
3. The applicant provides no documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 30 September 1986. The application submitted in this
case is dated 7 October 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant is a retired Regular Army Chief Warrant Officer Four
(CW4). His DD Form 214 issued at retirement shows in Block 12f (Foreign
Service) that he completed 4 years, 0 months, and 0 days. His ORB1
(Officer Record Brief) shows that he completed two 12-month tours of duty
in Vietnam and one 36 month tour of duty in Germany from December 1975 to
December 1978.
4. Army Regulation (AR) 635-5 (Separation Documents) prescribes 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. It provides that Block 12f will be completed by entering the
total amount of foreign service found on the ORB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's ORB shows that he completed 24 months of duty in
Vietnam and 36 months of duty in Germany. The applicant completed 5 years
of foreign service.
2. The applicant's DD Form 214 is incorrect and should be corrected as
stated below.
BOARD VOTE:
__wdp___ __rld___ __jrm___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing on his DD Form 214 dated 30
September 1986 that he completed 5 years, 0 months, and 0 days of foreign
service.
William D. Powers
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040008878 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050802 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. |110.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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