RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050000751


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 his overseas service time.

2.  The applicant states he served overseas from 21 June 1968 to 20 June
1970 which is a 2-year tour.

3.  The applicant provides a copy of his Department of Veterans Affairs
Rating Decision, a letter and envelopes with overseas addresses.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 January 1971.  The application submitted in this case is
dated 7 January 2005.

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 enlisted in the Regular Army on 12 January 1968 for a
period of three years.  He completed basic combat training at Fort Ord,
California and was further assigned to Fort Sam Houston, Texas for advanced
individual training.  The applicant successfully completed advanced
individual training and was awarded military occupational specialty 91B
(Medical Specialist).

4.  The applicant's personnel records contain Headquarters, The United
States Army Medical Training Center Special Orders Number 103 dated 15 May
1968.  These orders reassigned him to the U.S. Army Overseas Replacement
Station, Oakland Army Base, California, with a report date of 18 June 1968
and further assigned him to the 249th Medical General Hospital in Japan.

5.  Item 31 (Foreign Service) on the applicant's DA Form 20 (Enlisted
Qualification Record) shows he served in the U.S. Army Pacific (USARPAC) in
Japan from 20 June 1968 through 19 June 1970.

6.  Headquarters, United States Army Hospital, Camp Zama, Japan Special
Orders Number 116 dated 2 June 1970 reassigned the applicant to Fort
Carson, Colorado.  These orders show he served 24 months overseas.

7.  The applicant was honorably released from active duty on 14 January
1971.  His DD Form 214 shows he completed 1 year of foreign service in item
22c (Foreign and/or Sea Service).

8.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it directs that foreign service performed during the period
covered by the DD Form 214 will be entered in item 22c.  The regulation
also states that the amount of foreign service will be taken from the
Soldier’s Enlisted Qualification Record or, if necessary, verified from the
Soldier’s Military Personnel Records Jacket.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Enlisted Qualification Record shows he served in Japan
from 20 June 1968 through 19 June 1970 which is a period of 2 years.
However, his DD Form 214 incorrectly reflects 1 year of foreign service in
item 22c.  Therefore, it would be equitable to amend item 22c on his DD
Form 214 to show 2 years of foreign service.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 January 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 January 1974.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

JA______  TO______  CK______  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 amending item 22c on his DD Form 214
to show he served 2 years of foreign service.




                            James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000751                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00000                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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