IN THE CASE OF:
BOARD DATE: 2 June 2009
DOCKET NUMBER: AR20090002542
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 (Report of Transfer or Discharge) to show his service in France and Belgium.
2. The applicant states, in effect, that he served in Europe at the Supreme Headquarters Allied Powers, Europe (SHAPE) (North Atlantic Treaty Organization (NATO)) in France and Belgium in 1966 and 1967.
3. The applicant provides a copy of his DD Form 214, a unit roster of SHAPE Headquarters Paris, a NATO Travel order, and a letter from a Member of Congress 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 6 February 1966 for a period of 3 years. He served as a radio operator in France/Belgium and Vietnam and was released from active duty on 31 July 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 22c (Foreign and/or Sea Service) on the applicant's DD Form 214 shows the entry "USARPAC [U.S. Army, Pacific] 0 7 15."
4. Item 31 (Foreign Service) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in France/Belgium from 10 October 1966 through 27 September 1967 (a total of 11 months and 17 days). His DA Form
20 also show that he served in Vietnam from 29 October 1967 through 14 June 1968.
5. Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214. The regulation, in effect at the time, provided 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 the service was performed would be entered in item 22c. Additionally, there is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests that his DD Form 214 be corrected to show his duty assignment in France/Belgium, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. His duty assignment in France/Belgium is properly reflected on his DA Form 20.
2. However, the entry on the applicant's DA Form 20 which shows he served in France/Belgium from 10 October 1966 through 27 September 1967 (a total of
11 months and 17 days) is accepted as sufficient evidence on which to amend item 22c on his 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 deleting from item 22c of the applicant's DD Form 214 the entry "USARPAC
0 7 15" and replacing it with the entry "USARPAC 1 7 2."
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 to amending his DD Form 214 to show his duty assignment in France/Belgium.
__________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) AR20090002542
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ABCMR Record of Proceedings (cont) AR20090002542
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