IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090010349
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service.
2. The applicant states that his DD Form 214 does not show the time he served in the Dominican Republic in May and June of 1965.
3. In support of his application, the applicant provides a copy of his 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 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 he was inducted into the Army of the United States in pay grade E-1 on 7 January 1964. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). He served in the Dominican Republic from 2 May 1965 to 3 June 1965 in a temporary duty (TDY) status for a period of
1 month and 2 days.
3. The applicant was honorably released from active duty in pay grade E-4 on
7 January 1966 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He was issued a DD Form 214 that shows no foreign service credit in Item 24c (Foreign and/or Sea Service).
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The regulation specified that Item 24c 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the Dominican Republic from 2 May 1965 to 3 June 1965, a period of 1 month and 2 days. Therefore, he is entitled to correction of Item 24c of his DD Form 214 to show a credit of 1 month and 2 days of foreign service. Correction to Item 24c does not require any adjustment to the other items in Item 24 (Statement of Service).
2. In view of the foregoing, the applicants 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:
a. deleting from Item 24c of his DD Form 214 the entry "0 0 0" and replacing it with the entry "0 1 2" to show a credit of 1 month and 2 days of foreign service; and
b. providing him a corrected separation document.
___________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) AR20090010349
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ABCMR Record of Proceedings (cont) AR20090010349
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