IN THE CASE OF:
BOARD DATE: 3 JUNE 2008
DOCKET NUMBER: AR20080003367
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that Item 12f (Foreign Service) of his separation Document (DD Form 214) be corrected to reflect his overseas service. He also requests for the award of the Crewmember wings (known as the Aircraft Crewman Badge)
2. The applicant states, in effect, when his DD Form 214 was corrected his Net Foreign Service was deleted from item 12f of his DD Form 214.
3. The applicant provides
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's military personnel record shows he enlisted in the Regular Army on 3 October 1967. He completed the necessary training and was awarded military occupational specialty 67N (Helicopter Mechanic).
3. He served with Troop D, 1st Squadron, 4th Cavalry Regiment of the
1st Infantry Division in the Republic of Vietnam during the period 8 May
1968 through 23 April 1969.
4. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on 6 July 1970. He completed 2 years, 9 months, and 4 days of Net Active Service This Period.
5. Item 12f of his DD Form 214 shows the entry "00 00 00."
DISCUSSION AND CONCLUSIONS:
1.
2.
3.
BOARD VOTE:
__X_____ ___X____ ___X____ 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 (list corrections in this paragraph, this paragraph with lettered subparagraphs or in a series of numbered paragraphs).
USE THE FOLLOWING ENTRIES IF SOME RELIEF IS GRANTED AND SOME RELIEF IS DENIED.
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 (list corrections in this paragraph, this paragraph with lettered subparagraphs or in a series of numbered paragraphs).
X. 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 (list what was denied).
_ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003367
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ABCMR Record of Proceedings (cont) AR20080003367
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