IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012140
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 his foreign service.
2. The applicant states he spent time overseas while in the service escorting chemical shipments, such as Agent Orange and explosives, which has not been noted on his DD Form 214.
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 enlisted in the Regular Army on 30 December 1966 for a period of 2 years. He completed training and he was awarded military occupational specialty 54D (Chemical Equipment Repairman).
3. On 5 June 1967, the applicant was assigned to the Technical Escort Unit, Edgewood Arsenal, MD. He performed duties in MOS 54D and 54B (Decontamination Specialist). On 25 March 1968, he was awarded MOS 54B as his primary MOS. He remained with his unit until his separation.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows no entries (blank).
5. On 17 December 1968, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4. He had completed 1 year, 11 months, and 18 days of total active service.
6. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows the entry "0 0 0" indicating no foreign and/or sea service.
7. The applicant's record contains copies of temporary duty (TDY) orders showing he was directed to perform duties outside the continental United States on the vessel S.S. Linfield Victory escorting dangerous material. He was authorized sea duty pay for the period 24 November to 13 December 1967.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. This regulation states for item 22c, enter total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant performed TDY outside the continental limits of the United States at sea escorting dangerous material from 20 November through 13 December 1967, a period of 24 days. Therefore, he is entitled to correction of his DD Form 214 to show this sea service.
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 deleting from item 22c of his DD Form 214 the entry "0 0 0" and replacing it with the entry "0 0 24."
___________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) AR20100021247
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ABCMR Record of Proceedings (cont) AR20110012140
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