RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070017545
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) and item
31 (Foreign Service) on his DA Form 20 (Enlisted Qualification Record).
2. The applicant states that his overseas tours of duty consisted of 13 months in Korea (March 1965 to April 1966) and 16 months in Germany (May 1966 to August 1967). He contends this information is not accurately reflected on either form.
3. The applicant provides a copy of his DD Form 214 and DA Form 20.
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. The applicant enlisted on 15 September 1964 for a period of 3 years. He successfully completed basic combat training and advanced individual training in military occupational specialty 11B (light weapons infantryman).
3. Item 31 on the applicants DA Form 20 shows he served in Korea from
16 February 1965 through 15 March 1966 (a total of 1 year and 1 month or
13 months). It also shows he served in Germany from 23 April 1966 through
25 August 1967 (a total of 1 year, 4 months, and 3 days or 16 months). This foreign service totals 2 years, 5 months, and 3 days.
4. On 28 August 1967, the applicant was released from active duty.
5. Item 22c on the applicants DD Form 214 shows the entry, USAREUR [U.S. Army Europe] 2 5 1.
6. There is no evidence of record which shows the applicant served in Korea or Germany on any other dates.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.
8. At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20. In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.
DISCUSSION AND CONCLUSIONS:
1. Item 31 on the applicants DA Form 20 shows he served 13 months in Korea from 16 February 1965 through 15 March 1966 and indicates he served
16 months in Germany from 23 April 1966 through 25 August 1967, for a total of 2 years, 5 months, and 3 days of foreign service.
2. Since item 22c on the applicants DD Form 214 shows he served 2 years,
5 months, and 1 day of foreign service, it would be appropriate to correct item 22c on his DD Form 214 to show he served 2 years, 5 months, and 3 days of foreign service.
3. The DA Form 20 is prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel. As the applicant no longer has a military status, there is no basis to make any changes to his DA Form 20.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
PM____ __JH____ _KJ_______ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry 1 in item 22c on his DD Form 214; and
b. adding the entry 3 in item 22c on his DD Form 214.
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 correction of his DA Form 20.
___ PM________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017545
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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