RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 July 2007
DOCKET NUMBER: AR20070001349
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. John N. Slone
Chairperson
Mr. William Blakely
Member
Mr. David K. Haasenriter
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, in effect, that item 12f (Foreign Service) of his DD Form 214 (Report of Separation from Active Duty) for the period ending
30 November 1982 be corrected.
2. The applicant states, in effect, that item 18(f) of his DD Form 214 for the period ending 25 September 1977 reflects 1 year, 11 months, and 23 days.
3. The applicant provides copies of his DD Form 214 for the periods ending
4 December 1960, 25 September 1977, and 30 November 1982; and a copy of his DA Form 20 (Personnel Qualification Record-Part II).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 30 November 1982. The application submitted in this case is dated 16 January 2007.
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 military records show that he was commissioned as a Reserve Officer in the Army of the United States in the grade of second lieutenant on
30 January 1960.
4. He served continuously as a commissioned officer until he was honorably retired in the grade of lieutenant colonel on 30 November 1982 and was placed on the retired list 1 December 1982, after serving 20 years and 14 days of active federal service. He was then transferred to the U.S. Army Reserve Control Group (Retired) St. Louis, Missouri.
5. Item 18(f) of his DD Form 214 for the period ending 25 September 1977 shows the entry "1 year, 11 months, and 23 days."
6. Item 19 (Indochina or Korea Service Since August 1964) of his DD Form
214 for the period ending 25 September 1977, shows the entry "Yes 650708 to 660702 Vietnam." In item 27 (Remarks) of the same DD Form 214, it shows the entry "Item 19 Continuation: 680501 to 690430 Vietnam."
7. The applicant's two tours in the Republic of Vietnam during the periods of 650708 to 660702 and 680501 to 690430 shows that he served for a total of
1 year, 11 months, and 25 days of Foreign Service.
8. Item 12f of his DD Form 214 for the period ending 30 November 1982 shows the entry 11 months and 25 days.
9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that 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 be entered in Item 12f. The regulation also provided for entry of inclusive date of service during current period of service in Item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that item 12f (Foreign Service) of his DD Form 214 be corrected.
2. Evidence shows that the applicant only served 11 months and 25 days of Foreign Service for the period ending 30 November 1982. Therefore, item
12f (Foreign Service) of his DD Form 214 is correct as recorded.
3. However, the applicant's records show that he served two tours in the Republic of Vietnam during the periods 650708 to 660702 and 680501 to 690430. Therefore, the entry in item 18(f) (Foreign and/or Sea Service This Period) of his DD Form 214 for the period ending 25 September 1977 that reflects 1 year, 11 months, and 23 days is in error and should be corrected to
1 year, 11 months, and 25 days.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 November 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 November 1985. 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:
________ ________ ________ GRANT FULL RELIEF
____jns__ ____dkh_ ____wb__ 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 in item 18(f) (Foreign and/or Sea Service This Period) of the applicant's DD Form 214 for the period ending 25 September 1977 the entry 1 year, 11 months, and 25 days.
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 adding his prior foreign service in item 12f of his DD Form 214 for the period ending 30 November 1982.
_________John N. Slone_________
CHAIRPERSON
INDEX
CASE ID
AR20070001349
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070718
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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