IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003381 


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 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Congo.

2.  He states, in effect, starting in December 1964 he served in the Congo approximately 3 months in a temporary duty (TDY) status.  At the time of discharge, he was unaware this service should have been included on his DD Form 214.  He attempted to have this service added to his DD Form 214 in the 1980s, but he did not have sufficient proof.

3.  He provides travel orders, the title page of a declassified report on the Congo rescue mission of November 1964, and a certificate recognizing him for his service in the Congo with U.S. Joint Task Force Leo.

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 enlisted in the Regular Army on 1 August 1963.  He was honorably released from active duty (REFRAD) on 29 July 1966 after completing 2 years, 11 months, and 29 days of total active service.

3.  Item 24c of his DD Form 214 shows no foreign service.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not show he was credited with foreign service.  Item 38 (Record of Assignments) shows that after completing initial entry training he was assigned to the Combat Support Element, U.S. Strike Command, MacDill Air Force Base (AFB), FL, on 18 June 1964.  He served with this unit until he was REFRAD. 

5.  His record includes a Standard Form (SF) 600 (Chronological Record of Medical Care) showing that on 7 December 1965 he sought medical treatment at the U.S. Air Force Hospital, MacDill AFB, FL.  The form includes the note "[Patient] was TDY in Congo in Feb 65."

6.  A review of his record shows on two occasions he requested correction of his record to show award of the Armed Forces Expeditionary Medal (AFEM) based on his service in the Congo.

	a.  On 11 September 1992, the Chief, Special Actions Division, Veterans Services Directorate, U.S. Army Reserve Personnel Center, St. Louis, MO, informed a Member of Congress the applicant's request for award of the AFEM was disapproved due to the absence of documentation showing he served on an overseas assignment.

	b.  On 29 July 2004, in Docket Number AR2003097270, the ABCMR denied his application for correction of his record to show the AFEM and Humanitarian Service Medal.  The Record of Proceedings show the analyst who prepared the case found no documentary evidence in his record showing he served in the Congo.

7.  The applicant provides:

   a.  Travel Orders 12-71, issued by Headquarters, U.S. Strike Command, MacDill AFB, FL, dated 10 December 1964, showing he was authorized travel to and return from Leopoldville, Republic of the Congo, with a "will proceed" date of on or about 11 December 1964.
   b.  A certificate issued by U.S. Joint Task Force Leo bearing his name and showing he was recognized for his service as a member of the task force in the Congo for an unspecified period between August 1964 and August 1965.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.  It stated:

   a.  if the information required to complete an item is not available, the words "See remarks" or "See [item] 32" would be entered in the space and an explanation would be made in item 32 (Remarks).

   b.  for item 24c to enter 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Congo during an unspecified period between 1964 and 1965.  Unfortunately, while the available documentation shows his service in the Congo began on or about 11 December 1964, it does not show when he returned.  A medical document in his record does show he was TDY in the Congo in February 1965, which corresponds to his claim to have served there for approximately 3 months.  

2.  To calculate his foreign service requires documentary evidence showing the dates of both his departure and return.  In the absence of documentation recording the date he returned, it is not possible to calculate the duration of his foreign service and accurately correct item 24c of his DD Form 214.  

3.  However, in accordance with the governing regulation in effect at the time and as a matter of equity it would be appropriate to correct his DD Form 214 by adding in:

* item 24c "See 32"
* item 32 "Service in the Congo from on or about 11 December 1964 to February 1965"  




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 adding to his DD Form 214 the entries:

* in item 24c "See 32"
* in item 32 "Service in the Congo from on or about 11 December 1964 to February 1965" 

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 correcting item 24c of his 
DD Form 214 to show the duration of his foreign service.  



      _________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)                                         AR20110003381



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ABCMR Record of Proceedings (cont)                                         AR20110003381



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