IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028262
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 foreign service credit for his deployment to the Dominican Republic in 1965.
2. The applicant states he deployed on temporary duty (TDY) assigned to the 50th Signal Battalion in the Dominican Republic. He states he departed Fort Bragg, NC and arrived in the Dominican Republic on 25 August 1965. He was there for 121 days.
3. The applicant provides no additional documentation (although he claims to have provided his DD Form 214, a telephone directory cover page, and a letter of commendation).
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 served in the Army of the United States (AUS) from 6 January 1964 through 6 January 1966. He served in military occupational specialty (MOS) 36C (Lineman) and was assigned to Company B, 36th Signal Battalion, Fort Bragg.
3. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he deployed TDY to U.S. Forces Dominican Republic on 25 August 1965. He was attached to the 50th Signal Battalion which deployed to the Dominican Republic on 9 May 1965.
4. The applicant's records contain an "Organizational Clearance Record, 50th Signal Battalion," dated 22 December 1965 and signed by a first sergeant. It shows the applicant departed the Dominican Republic on 23 December 1965 en route back to his assigned unit at Fort Bragg.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation, in effect at the time, directed Item 24c (Foreign and/or Sea Service) of DD Form 214 would show 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 service was performed
."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his foreign service in the Dominican Republic be reflected on his DD Form 214.
2. The applicant served in the Dominican Republic from 25 August 1965 to 23 December 1965, a period of 121 days (or 3 months and 29 days).
3. Service in the Dominican Republic fell under Commanding General, U.S. Army Caribbean (USACARIB).
4. The applicant's DD Form 214 should be corrected as indicated 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:
* entering in Item 23c of his DD Form 214, "USACARIB 0 3 29" (for years, months, days)
* entering in Item 32 (Remarks) of his DD Form 214, SERVICE IN DOMINICAN REPUBLIC FROM 19650825 - 19651223
_______ _ 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) AR20100028262
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