IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110000146
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).
2. The applicant states:
* item 22c shows 1 year, 14 months, and 42 days
* this needs to be corrected to show the correct number of years, months, and days
* there are only 12 months in a year and 30 days in a month
3. The applicant provides 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 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. He enlisted in the Regular Army on 13 January 1969 for a period of 3 years. He completed his training and was awarded military occupational specialty 63C (general vehicle repairman).
3. Headquarters, 3d Armored Division, General Orders Number 657, dated 17 December 1971, show he received the Army Commendation Medal (ARCOM) for meritorious service for the period 6 October 1970 to 2 January 1972 in U.S. Army Europe (USAREUR) [2 January 1972 appears to be his projected release from active duty (REFRAD) date].
4. Headquarters, 3d Armored Division, General Orders Number 684, dated 22 December 1971, show he received the first award of the Army Good Conduct Medal.
5. Special Orders Number 358, dated 24 December 1971, show he was REFRAD from Fort Dix, NJ, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
6. His DD Form 214 shows in:
* item 22c "USAREUR" and "1 14 42 [1 year, 14 months, and 42 days]"
* item 30 (Remarks) "RVN [Republic of Vietnam] 4AUG69-3AUG70 [4 August 1969-3 August 1970, a total of 1 year]"
7. His DA Form 20 (Enlisted Qualification Record) is not available.
DISCUSSION AND CONCLUSIONS:
1. Item 22c of his DD Form 214 is clearly incorrect.
2. The entry in item 30 of his DD Form 214 that shows he served in Vietnam for 1 year from 4 August 1969 to 3 August 1970 is accepted as sufficient evidence with which to amend item 22c of his DD Form 214.
3. His ARCOM orders indicate he served in USAREUR from 6 October 1970 to 2 January 1972. However, since he was REFRAD from Fort Dix, NJ, on 24 December 1971, it appears the end date for this award is incorrect. It is reasonable to presume he departed USAREUR on 23 December 1971 for separation processing since 3d Armored Division orders show he was in USAREUR on 22 December 1971. The total length of service for the period 6 October 1970 through 23 December 1971 is 1 year, 2 months, and 18 days.
4. Based on the foregoing, it would be appropriate to correct item 22c of his DD Form 214 to show he served a total of 2 years, 2 months, and 18 days of foreign service.
BOARD VOTE:
__X_____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the entry "1 14 42" from item 22c of his DD Form 214 and replacing it with the entry "2 2 18."
___________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) AR20110000146
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ABCMR Record of Proceedings (cont) AR20110000146
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