IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080019775
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, in effect, that item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states, in effect, that he served overseas in Europe and the Republic of Vietnam (RVN) for a total of 26 months and not 17 months as indicated on his DD Form 214.
3. The applicant provides a chronological outline of his service 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's record shows that he enlisted in the Regular Army and entered active duty on 8 November 1965. He was trained in and awarded military occupational specialty 36H (Dial Central Officer Repairman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) confirms he served in Europe for 1 year, 5 months, and 2 days from 22 June 1966 through 23 November 1967 and in the RVN for 8 months and 6 days from 20 January
1968 through 25 September 1968.
4. On 27 September 1968, the applicant was honorably released from active duty (REFRAD) in the rank of specialist five after completing 2 years, 10 months, and 20 days of active duty service. Item 22c of the DD Form 214 he was issued at the time shows he completed 1 year, 4 months, and 9 days of overseas service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions contained in the version of the regulation in effect at the time of the applicant's REFRAD stated, in pertinent part, to enter all overseas service completed during the period covered by the DD Form 214, as documented on the DA Form 20, in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that all of his overseas service is not reflected in item 22c of his DD Form 214 was carefully considered and found to have merit. The governing regulation, in effect at the time of his REFRAD, provided for entering the total of all overseas service completed during the period covered by the DD Form 214 in item 22c.
2. The evidence of record confirms that the applicant served in Europe for 1 year, 5 months, and 2 days between 22 June 1966 and 23 November 1967 and that he served in the RVN for 8 months and 6 days between 20 January 1968 and 25 September 1968, as evidenced by entries on his DA Form 20. Therefore, it is clear the current entry in item 22c of his DD Form 214 does not document all of his overseas service. As a result, it would be appropriate to correct this entry to reflect the 2 years, 1 month, and 8 days of overseas service he completed during the period of active duty service covered by the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ 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 amending item 22c of his DD Form 214 to reflect he completed a total of 2 years, 1 month, and 8 days of overseas service and by providing him a correction to his DD Form 214 that reflects this change.
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 correcting item 22c of his DD Form 214 to reflect he completed a total of 26 months of overseas service.
__________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) AR20080019775
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ABCMR Record of Proceedings (cont) AR20080019775
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