IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009819
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 (Certificate of Release or Discharge from Active Duty) to reflect all of his foreign service.
2. The applicant states he served 12 months in Korea from September 1963 through December 1964, in Vietnam from January 1968 through October 1968, and in Germany from June 1981 through August 1984.
3. The applicant provides copies of three DD Forms 214 with annotations; retirement orders, dated 8 April 1987; 10 DA Forms 67-8 or DA Forms 67-7 (U.S. Army Officer Evaluation Report (OER)), 4 letters of commendation, his college transcript, and a University of Washington Master of Social Work degree certificate.
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, with 3 1/2 years of prior service, entered active duty as a commissioned Medical Services Corps officer on 4 June 1967. He served continuously for an additional 19 years, 11 months, and 27 days before retiring for length of service on 31 May 1987.
3. His DD Form 214 for the period ending 31 May 1987 shows in item 12f (Foreign Service) the entry "04 00 00" that indicates he served exactly 4 years of foreign service.
4. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the following:
OVERSEA SERVICE
FROM
THRU
AREA AND COUNTRY
MO [MONTHS]
TYPE
630902
640914
FEPA-ST-KOREA
12
PCS
680221
681223
FEPA-ST-VIETNAM
10
PCS
810605
840801
EURA-GERMANY
[38]
[PCS]
In effect, the applicant's foreign service is transposed as:
Korea: 1 year and 13 days 01 00 13
Vietnam: 10 months and 3 days 00 10 03
Germany: 3 years, 1 month, and 28 days 03 01 28
TOTAL 05 00 14
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 12f, enter the total amount of foreign service completed during the period covered the report.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to reflect all of his foreign service.
2. The applicant's DD Form 214 for the period ending 31 May 1987 incorrectly shows only 4 years of foreign service. The actual period of foreign service should be shown as 4 years and 1 day. Although he served a total of 5 years and 14 days of foreign service, his overseas service Korea is outside of the period of service for which he was issued his DD Form 214 for the period ending 31 May 1987. Therefore, it would be appropriate to correct item 12f of his DD Form 214 for the period ending 31 May 1987 to show his foreign service as
4 years and 1 day.
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 12f of his DD Form 214 for the period ending 31 May 1987 the entry "04 00 00" and
b. adding to item 12f of his DD Form 214 for the period ending 31 May 1987 the entry "04 00 01."
___________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) AR20100009819
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100009819
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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