BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090016725
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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect 3 years, 11 months, and 26 days instead of 2 years, 11 months, and 26 days.
2. The applicant states item 22c is incorrect. He states it only shows the amount of time he served in Europe from 1961 to 1964 and does not include his service in Vietnam from 1966 to 1967. He states it should read 3 years, 11 months, and 26 days.
3. The applicant provides a copy of his DD Form 214 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 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 was appointed as a Reserve commissioned officer on 28 March 1961 and was ordered to active duty on 30 May 1961.
3. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in U.S. Army Europe, Germany, from 29 October 1961 through 24 October 1964, which is a period of 2 years, 11 months, and 26 days. His DA Form 66 also shows he served in U.S. Army Pacific, Vietnam, from 11 August 1966 through 5 August 1967, which is a period of 11 months and 25 days.
4. The applicant was released from active duty on 16 August 1968 by reason of resignation.
5. Item 22c of his DD Form 214 shows he completed 2 years, 11 months, and 26 days of foreign service.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time directed 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 overseas theater in which service was performed would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 66 shows he served in Germany from 29 October 1961 through 24 October 1964 and his DD Form 214 reflects 2 years, 11 months, and 26 days in item 22c.
2. The applicant's DA Form 66 confirms he also served in Vietnam from 11 August 1966 through 5 August 1967. However, this period of 11 months and 25 days is not reflected in item 22c of his DD Form 214.
3. Therefore, it would be appropriate to amend item 22c of the applicant's DD Form 214 to show he completed a total of 3 years, 11 months, and 21 days of foreign service.
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 amending item 22c of his DD Form 214 to reflect 3 years, 11 months, and 21 days.
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 reflect 3 years, 11 months and 26 days of foreign service in item 22c.
___________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) AR20090016725
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ABCMR Record of Proceedings (cont) AR20090016725
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