RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 March 2007
DOCKET NUMBER: AR20060012698
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. Gerard W. Schwartz
Acting Director
Mrs. Phyllis M. Perkins
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Chester A. Damian
Member
Ms. Ernestine L. Fields
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 her foreign service be added to her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that her DD Form 214 does not show her two overseas tours to Germany or her tour in Okinawa, Japan.
3. The applicant provides a copy of a DD Form 214, effective 31 August 1971;
a copy of Letter Orders 6-31, from Camp Kilmer (New Brunswick, New Jersey), dated 11 June 1952; a copy of Special Orders Number 204, from The Armor Center (Fort Knox, Kentucky), dated 28 August 1956; and a copy of Special Orders Number 116, from the United States Military Academy (West Point, New York), dated 16 June 1966; in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 31 August 1971, the date of her retirement. The application submitted in this case is dated 26 August 2006.
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 applicants failure to timely file.
3. The applicant's service personnel records show she enlisted in the United States Army Reserves on 24 August 1950. On 17 August 1951, the applicant was ordered to active duty. The applicant served continuously until her retirement on 31 August 1971.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that she was credited with three tours of overseas services: in Germany during the periods 15 June 1952 to 14 July 1953, and 3 October 1956 to 13 September 1958; and in Okinawa, Japan during the period 2 August 1966 to 25 January 1968.
5. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 does not show evidence of foreign service.
6. Army Regulations 635-5 (Separation Documents), then in effect, states, in pertinent part, in Item 22c, enter the total active duty outside the 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 applicant contends that her foreign service should be added to her DD Form 214.
2. Evidence of records show that the applicant completed 3 periods of overseas service totaling 4 years, 6 months, and 2 days. Therefore, she is entitled to have that service shown in Item 22c on her DD Form 214.
3. Evidence of records also show that the applicants last overseas area in which she performed was in Japan, which was within the USARPAC theater. Therefore, she is entitled to have USARPAC shown in Item 22c on her DD Form 214.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 August 1974. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__KLW__ _ELF_ _ __CAD__ _ 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 in Item 22c of the applicants DD Form 214 FOREIGN AND/OR SEA SERVICE USARPAC; and 4 years, 6 months, and
2 days.
_Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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ARMY | BCMR | CY2011 | 20110022316
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