BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090004405
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, correction of item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served 1 year, 7 months, and 5 days of overseas service.
2. The applicant essentially states that he departed for a tour in Europe on
16 September 1969, he returned to the United States on 20 April 1971, and that his DD Form 214 should show that he actually had 1 year, 7 months, and 5 days of total time overseas.
3. The applicant provides his DD Form 214 and a self-authored e-mail, dated
8 February 2009 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 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 military records show that he was inducted into the Army of the United States on 1 May 1969. After completing initial entry training, he departed the continental United States (CONUS) on 16 September 1969 for a tour of duty with United States Army, Europe (USAREUR) in Germany. He briefly served with Troop I, 3rd Squadron, 2nd Armored Cavalry Regiment before being reassigned to Headquarters Troop of the same squadron on 3 October 1969. He returned to CONUS on 20 April 1971, he was honorably released from active duty on 22 April 1971, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
3. Item 22c of the applicant's DD Form 214 shows that he completed 7 months and 5 days of foreign service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the entry in item 22c of his DD Form 214 should be changed from 7 months and 5 days to 1 year, 7 months, and 5 days.
2. Evidence of record clearly shows that the applicant served a tour in USAREUR from 16 September 1969 to 20 April 1971, and this amounted to
1 year, 7 months, and 5 days of foreign service. Therefore, it would be appropriate at this time to correct item 22c of his DD Form 214 to show that he completed 1 year, 7 months, and 5 days of foreign and/or sea service.
BOARD VOTE:
____x___ ____x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 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 his DD Form 214 the entry "0 7 5" and replacing it with the entry "1 7 5."
2. The Board wants to thank the applicant for his service to the United States. The applicant and all Americans should be proud of his honorable service in arms.
_________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.
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