BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110009991
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 the amount of foreign service on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DD Form 214, block 22c (Foreign and/or Sea Service) shows he only served 1 month and 6 days; however, he served in Vietnam from 11 May 1971 to 25 December 1971.
3. The applicant provides a copy of 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 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 was inducted at Fort Hamilton, New York on 18 February 1970. He completed his basic training at Fort Jackson, South Carolina and was transferred to Fort Hood, Texas to undergo advanced individual training as a mechanic maintenance helper.
3. He was transferred to Baumholder, Germany, on 18 November 1970, and on 31 December 1970 he submitted a request for transfer to Vietnam.
4. On 11 May 1971, after serving only 3 months and 15 days in Germany, he was transferred to Vietnam for assignment to the 331st Signal Company, where he served as a wheel vehicle mechanic for 7 months and 15 days until he departed on 25 December 1971, in a patient status, and was transferred to Fort Monmouth, New Jersey.
5. On 18 January 1972, he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 11 months, and 1 day of active service and his DD Form 214 issued at the time of his REFRAD reflects in block 22c that he served only 1 month and 6 days of foreign service.
6. Army Regulation 635-5 serves as the authority for preparation of the DD Form 214. It provides, in pertinent part, that all foreign service performed during the period covered by the DD Form 214 will be reflected in block 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that all of his foreign service is not properly reflected in block 22c of his DD Form 214 has been noted and found to have merit.
2. The applicant served 3 months and 15 days in Germany and 7 months and 15 days in Vietnam for a total of 11 months of foreign service.
3. Accordingly, his DD Form 214 should be corrected to show in block 22c that he served 11 months of foreign service.
BOARD VOTE:
___x_____ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting the entry "0 1 6" from block 22c of his DD Form 214
* adding the entry "0 11 0" to block 22c of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110009991
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