IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110019255
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) to show 1 year, 1 month, and 19 days.
2. The applicant states:
* his DD Form 214 incorrectly shows 1 year and 19 days of foreign service
* he wants his DD Form 214 corrected before he dies
3. The applicant provides:
* DD Form 214
* two letters from the Commanding General, 101st Airborne Division, APO San Francisco, dated 15 April 1968 and 13 October 1968
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 1 June 1966. He completed training and was awarded military occupational specialty 62B (Engineer Equipment Repairman). The highest rank/grade he attained while on active duty during this period of service was specialist five (SP5)/E-5.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:
a. Item 31 (Foreign Service) shows USARPAC (U.S. Army Pacific) Vietnam, 20 November 1967 through 8 January 1969.
b. Item 38 (Record of Assignment) shows he was assigned to the Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division while in the Republic of Vietnam.
4. Item 22c of the applicant's DD Form 214 shows 1 year and 19 days.
5. The applicant provides a copy of his DD Form 214 and two letters from the Commanding General, 101st Airborne Division, APO San Francisco, dated 15 April 1968 and 13 October 1968. The letters show the applicant's DEROS (date eligible to return from overseas) was adjusted from 19 November 1968 to 19 December 1968 and again from 19 December 1968 to 8 January 1969.
6. The applicant's DD Form 214 shows he was honorably separated on 8 January 1969 and transferred to the U.S. Army Reserve. He completed 2 years, 7 months, and 19 days of active service during this period. On 1 April 1992, the applicant was placed on the Retired Reserve List.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his correct foreign service time was carefully considered and determined to have merit.
2. Evidence shows the applicant's DEROS from Vietnam was adjusted to 8 January 1969, an additional 30 days. Therefore, he is entitled to correction of his DD Form 214 to show this additional foreign service time.
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 amending item 22c of his DD Form 214 to show 1 year, 1 month, and 19 days.
_______ _ _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) AR20110019255
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ABCMR Record of Proceedings (cont) AR20110019255
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