IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110020205
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 the correct length of his overseas service.
2. The applicant states he served in the U.S. Army Europe (USAREUR) for a period of 1 year, 11 months, and 13 days; however, Item 22c (Foreign and/or Sea Service) of his DD Form 214 only shows the 11 months and 13 days.
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. Evidence of record and background information:
a. On 14 March 1969, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 95B (Military Policeman).
b. On 1 August 1969, the applicant was assigned as a military policeman with the 59th Ordnance Company, located in the Federal Republic of Germany (FRG).
c. On 14 August 1969, he was reassigned within the FRG to the 193rd Military Police Company.
d. On or about 13 July 1971, he returned to the U.S. for assignment at Fort Benning, Georgia.
e. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) records his service in the FRG as from 1 August 1969 to
13 July 1971, a period of 1 year, 11 months, and 13 days.
3. On 1 October 1971, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years,
6 months, and 18 days of creditable active duty service.
4. Item 22c of the applicant's DD Form 214 indicates in served in USAREUR for a period of 11 months and 13 days.
5. Army Regulation 635-5 (Separation Documents), as in effect at the time, required an entry in Item 22c reporting the theater of service and the length of time served overseas, shown in years, months, and days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the correct length of his overseas service.
2. The evidence of record clearly shows that the applicant served in USAREUR for a period of 1 year, 11 months, and 13 days; however, his DD Form 214 only shows the months and days of this overseas service. Therefore, his DD Form 214 should be corrected to show the entire period of his overseas 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 showing in Item 22c of his DD Form 214: 1 year, 11 months, and 13 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) AR20110020205
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020205
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027400
The applicant requests, in effect, correction of his military records to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). There is no evidence in his military records that shows the applicant served in the RVN or provided direct support to the RVN 6. This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.
ARMY | BCMR | CY2013 | 20130002103
c. Item 24 shows he was authorized one overseas service bar; however, he served in Vietnam for three 6-month periods during this period of service. Therefore, he is entitled to correction of his DD Form 214 to show he was authorized three overseas service bars. Therefore, he is entitled to correction of this DD Form 214 to show he was authorized three overseas service bars.
ARMY | BCMR | CY2010 | 20100007674
He was issued a second DD Form 214 for the enlistment period 30 April 1967 to 12 December 1969 that shows in item 22c his last overseas command was in USAREUR. During the timeframe the applicant served Army Regulation 635-5 provided that a Soldier would be issued a DD Form 214 for each enlistment period and item 22c would show the last overseas command in which a Soldier performed. A later revision of Army Regulation 635-5 directed that the inclusive date of service for duty in the...
ARMY | BCMR | CY2015 | 20150000089
The evidence of record shows the applicant was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding award of the...
ARMY | BCMR | CY2011 | 20110000146
Headquarters, 3d Armored Division, General Orders Number 657, dated 17 December 1971, show he received the Army Commendation Medal (ARCOM) for meritorious service for the period 6 October 1970 to 2 January 1972 in U.S. Army Europe (USAREUR) [2 January 1972 appears to be his projected release from active duty (REFRAD) date]. Based on the foregoing, it would be appropriate to correct item 22c of his DD Form 214 to show he served a total of 2 years, 2 months, and 18 days of foreign service. ...
ARMY | BCMR | CY2009 | 20090004405
The applicant requests, in effect, 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 he served 1 year, 7 months, and 5 days of overseas service. The applicant's military records show that he was inducted into the Army of the United States on 1 May 1969. Evidence of record clearly shows that the applicant served a tour in USAREUR from 16 September 1969 to 20 April 1971, and this amounted to 1...
ARMY | BCMR | CY2012 | 20120000648
It shows he departed Vietnam on 30 April 1969. When the applicant was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam, but it did require entry of the last overseas theater in which service was performed in item 22c. A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the Remarks section of the form.
ARMY | BCMR | CY2013 | 20130017595
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. With respect to showing the dates of his service in Germany, the evidence of record confirms the applicant served in Vietnam from 6 February to 22 December 1970 and in Germany from 2 February to 8 December 1971. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080018148
The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 20 June 1966 for 4 years. Therefore, as a matter of equity, his DD Form 214, dated 25 November 1969, item 22c, should be corrected to show a credit of 2 years, 4 months, and 26 days foreign service and USARPAC/Korea should be entered to correctly show the last theater and country in which the applicant served. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090003957
The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4 July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974. The...