IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110018290
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) effective 26 May 1969 to show 22 months (1 year, 10 months) and 27 days of foreign service.
2. The applicant states:
* item 22c of his DD Form 214 shows he completed 20 months of foreign service
* he served 8 months in Germany with the 3rd Battalion, 37th Armored Regiment, 9th Armored Division, and received a unit citation for occupational forces
* he served 14 months in Vietnam and was decorated with a Silver Star and a Bronze Star Medal
* there is a 2-month error in his foreign service credit
3. The applicant provides:
* DD Form 214
* Final Judgment of Change of Name, dated 21 November 2002
* letter of support to Governor R____ S____ and the Executive Clemency Board, dated 3 September 2009
* National Personnel Record Center letter, dated 30 June 2011
*
self-authored letter to the U.S. Army Tank-Automotive and Armaments Command (TACOM), dated 4 August 2011
* handwritten note instructing him to apply to the Board, dated August 2011
* letter of support, undated
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 was inducted into the Army of the United States on 7 December 1966. He completed training as a field communications electronics equipment mechanic. He arrived in Germany on 3 July 1967 and was assigned to Headquarters and Headquarters Company, 3rd Battalion, 37th Armored Regiment. On 1 February 1968, the applicant departed Germany en route to the United States. He served in Germany for a period of 6 months and 29 days.
3. The applicant again departed the United States and arrived in Vietnam on 23 March 1968. He was assigned to Company B, 227th Aviation Battalion, 1st Air Cavalry Division. He departed Vietnam en route to the United States on 19 May 1969. He served in Vietnam for a period of 1 year, 1 month, and 27 days.
4. On 26 May 1969, the applicant was honorably released from active duty as an overseas returnee. His DD Form 214 shows he completed 1 year, 8 months, and 27 days of foreign and/or sea service.
5. The applicant submits a self-authored letter to the U.S. Army TACOM explaining the events that he contends took place while he was in the Army. He submits an NPRC letter, dated 30 June 2011, which authorized shipment of his awards. He submits a letter of support to Governor R____ S____ and the Executive Clemency Board, dated 3 September 2009, from an unidentified individual attesting to his service in the Army as well has his post-service conduct. He also submits a letter of support from a Veterans Hospital outpatient who contends the applicant:
* has been totally and completely rehabilitated by the Florida State Department of Corrections with no conviction since 1984
* has been tested by the Florida Highway Patrol and the Department of Motor Vehicles
* has a Class B commercial driver's license and has been a truck driver since 1994
* was underpaid by Aldan Electric Supply, Incorporated, for 4 1/2 years because of the stigma of his record of convictions
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The evidence of record does not show he had 1 year, 10 months, and 27 days of foreign service. His record shows he served outside the continental limits in Germany for 6 months and 29 days. He served in Vietnam for 1 year, 1 month, and 27 days. His total foreign service equals 1 year, 8 months, and 26 days.
3. The applicant's DD Form 214 shows he completed 1 year, 8 months, and 27 days of foreign and/or sea service, a discrepancy of 1 additional day in the applicant's favor. Both his service in Vietnam and in Germany are shown in item 22c of his DD Form 214.
4. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20110018290
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ABCMR Record of Proceedings (cont) AR20110018290
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