IN THE CASE OF:
BOARD DATE: 12 May 2009
DOCKET NUMBER: AR20090000253
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 Forms 214 (Certificate of Release or Discharge from Active Duty) with separation dates of 30 September 1981 and 30 June 1997 to show the overseas service entry from his DD Form 214 with a separation date of 5 September 1969.
2. The applicant states, in effect, that the overseas service entry was omitted on his other DD Forms 214.
3. The applicant provides three DD Forms 214 in support of this 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 applicant's 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 applicant's 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 enlisted in the Idaho Army National Guard on 27 January 1958. He completed basic combat and advanced individual training and was awarded the military occupational specialty of medical aidman.
3. The applicant entered active duty as a Guardsman on 13 May 1968 and was honorably released from active duty in pay grade E-6 on 5 September 1969. The DD Form 214 he was issued, Item 22f, Foreign and/or Sea Service, has "USARPAC 0 11 13" (United States Army Pacific Command zero years, 11 months, and 13 days) entered.
4. The applicant reentered active duty as a Guardsman on 18 June 1979 and was honorably released from active duty on 30 September 1981 in the rank of 1st sergeant. The DD Form 214 he was issued, Item 12f, Foreign Service, has "00 00 00" entered.
5. The applicant reentered active duty as a Guardsman once again on 2 March 1982 and was honorably released from active duty on 30 June 1997 in the rank of command sergeant major and placed on the Retired List the following day. The DD Form 214 he was issued, Item 12f, Foreign Service, has "00 00 00" entered.
6. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the he served overseas in the Republic of Vietnam during the period 13 September 1968 through 25 August 1969.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part it states that for Item 12f, Foreign Service, you enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he served overseas in the USARPAC Theater for 11 months and 13 days during the period covered by his DD Form 214 with a separation date of 5 September 1969 and is correctly shown on this DD Form 214. His records are void of any evidence that he served overseas during the subsequent periods of active duty covered by his DD Forms 214 with separation dates of 30 September 1981 and 30 June 1997. Therefore, the Foreign Service blocks on these two DD Forms 214 are correct as currently constituted.
2. The Board starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility
of the applicant. Absent evidence to the contrary, it is concluded the Foreign Service blocks of the applicant's DD Forms 214 were completed in accordance with the applicable regulation.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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.
_______ _ _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) AR20090000253
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