IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110021152
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 in Thailand.
2. The applicant states he served in Thailand from March 1967 to February 1968.
3. The applicant provides 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 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's records show he was inducted into the Army of the United States on 26 May 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty 62B (Engineer Equipment Mechanic).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand, U.S. Army Pacific (USARPAC), from 14 March 1967 to 28 February 1968 and item 38 (Record of Assignments) shows he was assigned to Company D, 809th Engineer Battalion.
4. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 11 May 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his remaining service obligation. His DD Form 214 shows the following entries:
* Item 24c (Foreign Service) shows he completed 11 months and 1 day of foreign service but does not show his major overseas command
* Item 30 (Remarks) does not show service in a foreign country
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated that for item 24c, enter the total amount of active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. Army Europe), USARPAC, etc. Furthermore, item 30 is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.
DISCUSSION AND CONCLUSIONS:
The applicant served in Thailand from 14 March 1967 to 28 February 1968. Item 24c of his DD Form 214 credited him with his foreign service but does not indicate the last overseas theater as required. Therefore, item 24c of his DD Form 214 should be corrected to show the entry "USARPAC." Additionally, although his period of foreign service is already shown in item 24c of his DD Form 214, there is no harm to the Army or the Soldier if this period of service in Thailand is shown in item 30 of his DD Form 214.
BOARD VOTE:
____X __ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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:
* adding to item 24c of his DD Form 214 the entry USARPAC
* adding to item 30 of his DD Form 214 the entry: "Service in Thailand: 19670314 - 19680228"
___________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) AR20110021152
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ABCMR Record of Proceedings (cont) AR20110021152
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