IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009478 


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 to his DD Form 214 (Report of Separation from Active Duty), dated 18 February 1976, to correct Item 18(f) (Foreign and/or Sea Service This Period) to show his foreign service.

2.  The applicant states, in effect, that Item 18(f) of his DD Form 214 does not reflect that he served any foreign service and needs to be corrected.  He also states, in effect, he is submitting copies of his orders from 1971 to 1972 that show he did have foreign service that should be shown on his 1976 DD Form 214.

3.  In support of his application, the applicant provides copies of his permanent change of station (PCS) orders and overseas assignment orders and his 1976 DD Form 214.

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 military records show he enlisted in the Regular Army in pay grade E-1 on 31 July 1967, for 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 36K, Field Wireman.  He served in the Republic of Vietnam from 5 January 1968 to 4 August 1969.  He was promoted to pay grade E-5 on 13 November 1968.  He was honorably discharged for the purpose of immediate reenlistment on 23 October 1969.  He was issued a DD Form 214 that shows a credit of 1 year and 7 months in Item 22c (Foreign and/or Sea Service) 

3.  The applicant reenlisted in the Regular Army on 24 October 1969.  He completed training and was awarded MOS 31G, Tactical Communications Chief. He again served in the Republic of Vietnam from 26 May 1971 to 14 March 1972, a period of 9 months and 18 days.  He also served in Germany from 8 July 1974 to 3 July 1977, a period of 2 years, 11 months, and 26 days.  

4.  The applicant was reported absent without leave (AWOL) on 22 August 1974 and returned to military control on 12 December 1974.

5.  The applicant was honorably discharged from active duty in pay grade E-5 on 18 February 1976, at the expiration of his term of service.  Item 18f of his DD Form 214 shows zero foreign service credit.  Item 27 (Remarks) of his DD Form 214 shows he had 113 day lost time.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  This regulation specified that all service shown in 18(a) through (f) would be less time lost item.  Item 18(f) would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214.  Time lost would be entered in Item 27 and the number of days for enlisted personnel for the entire period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows during the period covered by the applicant’s DD Form 214 with an end date of 18 February 1976, he served in Vietnam from 26 May 1971 to 14 March 1972, a period of 9 months and 18 days.  He also served in Germany from 8 July 1974 to 3 July 1977, a period of 2 years, 11 months, and 26 days; however, during his period of active duty in Germany, he was AWOL for a period of 113 days (3 months and 21 days).  In accordance with pertinent regulations, Items 18(a) through (f) would be minus any lost time.  Therefore, the total period of his service in Germany minus the 3 months and 21 days equals 2 years, 8 months, and 5 days.  His combined foreign service in Vietnam and Germany totals 3 years, 5 months, and 23 days.  Therefore, he is entitled to have his DD Form 214 for the period ending 18 February 1976, Item 18(f), corrected to show a credit of 3 years, 5 months, and 23 days foreign service.  Correction to Item 18(f) does not require any adjustment to the other items in Item 18 (Record of Service) of the DD Form 214.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 showing on the applicant’s DD Form 214 for the period ending 18 February 1976, Item 18(f), a credit of 3 years, 5 months, and 23 days of foreign service, and providing him a correction to his DD Form 214 that includes this change.



      _______ _   _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)                                         AR20090009478





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ABCMR Record of Proceedings (cont)                                         AR20090009478



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