RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 September 2005
      DOCKET NUMBER:  AR20040010443


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 correction of Item 22c (Foreign and/or Sea
Service) of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states that the foreign service currently shown on his DD
Form 214, dated 30 June 1971, is incorrect.  He spent over 12 years in
overseas assignments during his career.

3.  The applicant provides a copy of his DD Form 214, dated 30 June 1971,
and another DD Form 214, dated 26 February 1951.  Item 22c of the
applicant’s 30 June 1971 DD Form 214 shows a total of 1 year, 10 months,
and 0 days of foreign service.  This DD Form 214 covers the period 27
February 1969 to 30 June 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 30 June 1971.  The application submitted in this case is dated
9 November 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 limitation 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.  Section 14 (Service Outside the Continental United States) of the
applicant’s WD AGO Form 24A (Service Record) shows that he served in Guam
from 2 March 1949 to 30 March 1950; a total of 1 year, and 24 days.

4.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted
Qualification Record) shows the applicant served in the following overseas
areas during his Army career:

      a. Japan, from 30 December 1950 to 7 August 1952; a total of 1 year,
7 months, and 8 days;

      b. Korea, from 8 August 1952 to 2 March 1953; a total of 6 months,
and 5 days;
      c. Japan, from 3 March 1953 to 19 July 1954; a total of 1 year,
4 months, and 17 days;

      d. Okinawa, from 6 August 1958 to 3 February 1961; a total of 2
years, 5 months, and 28 days;

      e. Okinawa, from 20 May 1966 to 2 December 1968; a total of 2 years,
6 months, and 13 days;

      f. Vietnam, from 8 December 1968 to 21 June 1970; a total of 1 year,
6 months, and 14 days; and,

      g. Vietnam, from 25 October 1970 to 19 May 1971; a total of 6 months
and 25 days.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant’s separation, provides guidance for completion of the DD Form
214.  Paragraph 51b of the regulation states that, in Item 22c for enlisted
personnel: “Enter total active duty outside continental limits of the
United States for the period covered by the DD Form 214 and the last
oversea theater in which service was performed, e.g., ‘Foreign and/or Sea
Service (USAREUR)’.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served a total 11
years, 1 month, and 19 days of overseas service during his Army career.
The evidence further shows that he served 1 year, 10 months, and 20 days of
foreign service (Vietnam) during the period covered by his DD Form 214,
dated 30 June 1971.

2.  The information contained in Item 22c of the applicant’s DD Form 214,
dated 30 June 1971, should read 1 year, 10 months, and 20 days (Vietnam).
Therefore, the applicant is entitled to correction of this form to show an
additional 20 days, and the last overseas theater of foreign service.

3.  There are no provisions to show the remaining 9 years, 2 months, and
20 days of foreign service, requested by the applicant, on his last DD Form
214.  Therefore, he is not entitled to show this foreign service on the
form.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___jtm___  ___wdp__  ____ljo__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 1 year, 10
months, and 20 days (Vietnam) in Item 22c of his DD Form 214, dated 30 June
1971.

2.  The Board further determined that 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
entering the remainder of his foreign service in Item 22c of his DD Form
214, dated 30 June 1971.




            ________William D. Powers__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010443                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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