IN THE CASE OF:
BOARD DATE: 18 November 2008
DOCKET NUMBER: AR20080014214
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his overseas service.
2. The applicant states that his DD Form 214 does not reflect his overseas service and that this is a clerical error.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214 in support of his application.
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 in the Regular Army on 29 November 1965 for a period of four years. He completed basic combat and advanced individual training at Fort Ord, California.
3. Item 31 (Foreign Service) on his DA Form 20 shows he was assigned to the U.S. Army, Europe (USAREUR) in Germany on 7 May 1966.
4. Headquarters, 3rd Armored Division (Spearhead), Special Orders Number 166, dated 29 June 1967, shows the applicant was awarded primary military occupational specialty 11B (light weapons infantryman) effective 29 June 1967 while he was assigned to Company B, 3rd Battalion, 36th Infantry in Germany.
5. His service personnel records contain a DA Form 1049 (Personnel Action), dated 28 September 1967, which shows he requested permissive reassignment to the Frankfurt Entertainment Center, Taunus District. He indicated that he had been assigned to his unit since 4 June 1966.
6. Headquarters, 3rd Armored Division (Spearhead), Special Orders Number 51, dated 23 February 1968, shows the applicant was reassigned to the U.S. Army Overseas Replacement Station, Fort Lewis, Washington on the EDCSA [Effective Date of Change of Strength Accountability] on 12 March 1968. These orders show he served 21 months overseas.
7. Headquarters, U.S. Army Personnel Center, Fort Lewis, Special Orders Number 94, dated 3 April 1968, shows the applicant was released from the U.S. Army Overseas Replacement Station, Fort Lewis, Washington and assigned to the U.S. Army Garrison, Fort Lewis, Washington on 4 April 1968.
8. The applicant was honorably discharged on 15 November 1968. His DD Form 214 indicates he was separated on temporary records and the applicant's affidavit.
9. Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows the entry "NONE."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs 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 oversea theater in which service was performed will be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he was assigned to Germany on 7 May 1966. Orders published by the 3rd Armored Division (Spearhead) show he was reassigned to Fort Lewis, Washington on 12 March 1968. However, his DD Form 214 does not reflect any foreign service in item 22c.
2. Therefore, it would be appropriate to amend item 22c on his DD Form 214 to show he completed 1 year, 10 months, and 6 days of foreign service in USAREUR.
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 amending item 22c on his DD Form 214 to show he completed 1 year, 10 months, and 6 days of foreign service and to show the entry "USAREUR."
__________XXX____________
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) AR20080014214
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014214
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011286
From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. b. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. Army Regulation 672-5-1 (Military Awards), in effect at...
ARMY | BCMR | CY1995 | 9510919C070209
The applicant requests, in effect, correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 29 March 1968. The applicants DA Form 20 (Enlisted Qualification Record), at item 31 (Foreign Service) indicates that he served in the U.S. Army, Pacific (USARPAC) from 17 April 1965 through 16 May 1966; that he served in the U.S. Army, Europe (USAREUR), from 22 June 1966 through 5 January...
ARMY | BCMR | CY2009 | 20090011067
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 January 1973 to show his service in the Republic of Vietnam. Item 11d (Effective Date) shows the entry "26 Aug 69"; c. Item 22 (Statement of Service) shows the following entries: (1) Item 22a(1) (Net Service This Period) shows "3 1 0"; (2) Item 22a(2) (Other Service) shows "0 6 15"; (3) Item 22a(3) (Total) shows "3 7 15"; (4) Item 22b...
ARMY | BCMR | CY2009 | 20090006664
With respect to the applicants characterization of service, the evidence of record shows that at the time of his honorable release from active duty, the applicant had completed 3 years, 4 months, and 25 days of creditable active military service. With respect to the applicants rank/grade, the evidence of record shows that the applicant was convicted by a Special Court-Martial on 7 February 1970 and that the court-martial sentenced him to reduction to PVT/E-1, among other punishment. The...
ARMY | BCMR | CY2010 | 20100021869
The applicant requests reconsideration of his previous request for correction of his records to show his temporary duty (TDY) assignment in Pleu Ku, South Vietnam from October 1968 through August 1969. The forms and the Buddy Letter that the applicant speaks of in his supporting documents are not attached to his Application for Correction of Military Records (DD Form 149). Therefore, MOS 11B2O should not be shown on his DD Form 214.
ARMY | BCMR | CY2008 | 20080001030
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his service in the Republic of Vietnam. Therefore, there is insufficient evidence to grant the applicant relief in this case.
ARMY | BCMR | CY2010 | 20100000916
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his temporary duty (TDY) assignment in South Vietnam from October 1968 to August 1969. Additionally, his DA Form 20 and DD Form 214 show he completed foreign service in USAREUR-Germany.
ARMY | BCMR | CY2009 | 20090011172
The applicant states that item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he had service in Vietnam. The regulation in effect at the time stated, in pertinent part, 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 (e.g., USAREUR for U.S. Army Europe) in which the service was performed would be entered in item 22c. The applicant contends that item 22c of...
ARMY | BCMR | CY2014 | 20140012463
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 5a (Grade, Rate, or Rank) SGT(P) (indicating sergeant permanent) * item 22c (Foreign and/or Sea Service) "01 01 23" (indicating 1 year, 1 month, and 23 days) * item 23a (Specialty Number and Title) 76Y4S ("4" indicating skill level and "S" indicating the special qualification identifier (SQI) for Special Forces (SF)) 2. His DA Form 20 shows in: a....
ARMY | BCMR | CY2009 | 20090014320
This form also shows: a. With respect to his unit of assignment, the evidence of record shows he was assigned to the 630th Engineer Company in Vietnam within USARV. Although at the time of separation he was assigned to USAMEDDAC, Fort Gordon, GA, his DD Form 214 erroneously listed his last unit of assignment as USAREUR with the 137th Engineer Company.