IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080018545
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 he completed 7 years of foreign service instead of 3 years, 11 months, and 9 days.
2. The applicant states that he completed 3 years and 6 months of foreign service in Germany and another 3 years and 6 months in the Republic of Vietnam.
3. The applicant provides copies of his DD Forms 214, dated 30 July 1972 and 4 August 1960; a copy of his DD Form 214N (Armed Forces of the United States Report of Transfer or Discharge-Navy), dated 10 August 1976, and a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of service), dated 8 October 1970, 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's records show he was inducted into the Army of the United States on 4 August 1960. He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 111.07 (Light Weapons Infantry). He was subsequently assigned to Company D, 1st Battalion, 506th Infantry, Fort Campbell, Kentucky, on 22 December 1960. He was honorably discharged on 30 July 1961 for the purpose of immediate reenlistment.
3. Item 24a (Net Service This Period) of the DD Form 214 he was issued shows he completed 11 months and 27 days of creditable active military service, none of which was foreign service.
4. The applicants records further show he executed a 6-year reenlistment in the Regular Army at Fort Campbell, Kentucky, on 31 July 1961. He was subsequently reassigned to 7th U.S. Army in Germany on 30 August 1962. He completed nearly 36 months of foreign service and departed on 10 August 1965 enroute to Fort Campbell, Kentucky.
5. On 16 March 1966, the applicant departed Fort Campbell, Kentucky, enroute to the Republic of Vietnam. He arrived in the Republic of Vietnam on 21 April 1966 and was initially assigned to Headquarters Company, 1st Brigade, 101st Airborne Division. He was subsequently reassigned to Company B, 1st Battalion, 327th Infantry Regiment. He departed the Republic of Vietnam on 17 April 1967 and arrived at Fort Bragg, North Carolina, where he was ultimately discharged on 28 July 1967.
6. Item 22 of his DD Form 214, dated 28 July 1961, shows he completed 5 years, 11 months, and 28 days of creditable active military service, 3 years, 11 months, and 9 days of which was foreign service.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 22c (Foreign and Sea Service) of the version in effect at the time, showed, for enlisted personnel, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to correction of his DD Form 214 to show he completed 7 years of foreign service
2. The evidence of record shows that the applicant completed 2 years, 11 months and 12 days of foreign service in Germany, from 30 August 1962 to 10 August 1965, and 11 months and 27 days of foreign service in the Republic of Vietnam, from 21 April 1966 to 17 April 1967. Therefore, he completed a total of 3 years, 11 months, and 9 days of foreign service, which is correctly shown on his DD Form 214, dated 28 July 1967.
3. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy that requirement. Therefore, he is not entitled to relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
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) AR20080018545
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ABCMR Record of Proceedings (cont) AR20080018545
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