RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 March 2008
DOCKET NUMBER: AR20070014088
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones II
Chairperson
Ms. Carmen Duncan
Member
Mr. Scott W. Faught
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that his foreign service was performed in Ethiopia.
2. The applicant states that his DD Form 214 incorrectly shows that he served in Turkey and not in Ethiopia where he actually served.
3. The applicant provides copies of assignment orders, installation clearance record, Ethiopia currency control declaration, and Ethiopia customs declaration.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 28 April 1961, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 635.10 (Automotive Repairman).
3. On 11 October 1961, the applicant was deployed for duty as an automotive repairman in Eritrea, Ethiopia. He served overseas for a period of 1 year,
5 months, and 16 days.
4. On 27 March 1963, the applicant returned to the United States for duty at Vint Hill Farms, Warrenton, Virginia.
5. On 27 April 1964, the applicant was released from active duty and transferred to the United States Army Reserve.
6. Item 24c (Foreign and/or Sea Service) of the applicants DD Form 214 shows his foreign service of 1 year, 5 months, and 16 days. An entry was typed in the title block indicating that his overseas service was performed in Turkey.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that the applicants foreign service was performed in Ethiopia and not in Turkey, as indicated on his DD Form 214. Therefore, his DD Form 214 should be corrected to show the correct location of his overseas service.
BOARD VOTE:
_ FCJ __ __CD ___ __SWF __ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting in Item 24c (Foreign and/or Sea Service) the entry "Turkey" and adding the entry "Ethiopia."
__ Frank C. Jones II ___
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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