IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090017847
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 temporary duty (TDY) assignments in Cambodia and Laos.
2. The applicant states he was assigned to the 82nd Airborne Division and served in a TDY status approximately between July 1971 and June 1972. He contends these assignments are not reflected in item 22c (Foreign and Sea Service) on his DD Form 214.
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 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 16 July 1970. At the completion of required training, he was assigned to Troop A, 1st Squadron (Airborne), 17th Cavalry at Fort Bragg, NC.
3. Block 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not show he served in Cambodia or Laos.
4. His service personnel records do not contain orders which indicate he served in a TDY status in Cambodia or Laos.
5. The applicant was released from active duty on 13 July 1973.
6. Item 22c on his DD Form 214 does not show he completed any foreign service.
7. 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 total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in a TDY status in Cambodia and Laos between July 1971 and June 1972. However, the evidence of record does not support his claim.
2. The applicants service record does not contain orders which show he served in a TDY status in Cambodia and Laos. Additionally, his DA Form 20 and
DD Form 214 do not show he completed any foreign service.
3. In the absence of sufficient evidence, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _______ ___
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) AR20090017847
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ABCMR Record of Proceedings (cont) AR20090017847
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