IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110024362 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect foreign service credit for his service in the Dominican Republic.

2.  The applicant states he has documents to substantiate/support the fact he was stationed in the Dominican Republic.  He was awarded the Combat Infantryman Badge for that service.  His DD Form 214 only reflects his Vietnam service.  He just became aware of the omission and feels his service there should be documented.

3.  The applicant provides:

* DD Form 214
* a picture alleged to be of Bob Hope performing in the Dominican Republic and three pictures of other Soldiers
* www.gettyimages.co of Bob Hope in the Dominican Republic in 1965

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 enlisted in the Regular Army on 27 August 1963 for a period of 3 years.  He completed training and he was awarded military occupational specialty 11H (Infantry Direct Fire).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 1st Battalion, 505th Infantry Regiment, Fort Bragg, NC, from 25 May 1964 through 27 December 1965.

4.  Special Orders Number 1962, issued by Headquarters, 82nd Airborne Division, Fort Bragg, dated 15 July 1965, awarded him the Combat Infantryman Badge while serving as a member of Company C, 1st Battalion, 505th Infantry Regiment.

5.  His DA Form 20 also shows he was assigned to Headquarters and Headquarters Company, 12th Aviation Group, U.S. Army Pacific (USARPAC), Vietnam.  He served in Vietnam from 24 December 1965 to 20 August 1966.

6.  He was honorably released from active duty on 21 August 1966 as an overseas returnee and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 7 months and 27 days of foreign service in the USARPAC.

7.  The applicant submitted copies of pictures alleged to be of Bob Hope performing in the Dominican Republic and other Soldiers.

8.  Wikipedia states the 505th Infantry Regiment was one of the four infantry regiments of the 82nd Airborne Division of the U.S. Army.  The 1st Battalion, 505th Infantry, was reorganized and redesignated on 25 May 1964 as the
1st Battalion (Airborne), 505th Infantry, an element of the 3rd Brigade.  On
30 April 1965, the 3rd Brigade was alerted for combat as part of "Operation Power Pack," the defense of the Dominican Republic against communist insurgents.  Within 18 hours, the first C-130 landed at San Isidro Airfield, Dominican Republic.  After two months of bitter fighting, the 3rd Brigade returned to Fort Bragg.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated Item 24c would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. USARPAC.

10.  Army Regulation 635-5, currently in effect, states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks section.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the 1st Battalion, 505th Infantry Regiment, served in the Dominican Republic from on or about 30 April 1965 through on or about 30 June 1965.  The evidence also shows the applicant served with the
1st Battalion, 505th Infantry Regiment at the time and he was awarded the Combat Infantryman Badge on 15 July 1965.  His record also confirms he served in Vietnam from 24 December 1965 to 20 August 1966, a period of 7 months and 27 days.

2.  He was released from active duty as an overseas returnee on 21 August 1966.  He was issued a DD Form 214 that shows he served in USARPAC (Vietnam) as this was the last overseas theater in which he served.  His DD Form 214 credited him with 7 months and 27 days of foreign service in Vietnam.

3.  Based on his service in the Dominican Republic for a period of 2 months he is entitled to correction of Item 24c of his DD Form 214 to show a total of 9 months and 27 days of foreign service.

4.  Although there was no provision to note deployments in the Remarks section of a Soldier's DD Form 214 at the time, current standards direct to do so now.  Therefore, there would be no harm in adding to the Remarks section of his
DD Form 214 his period of deployment to the Dominican Republic.

5.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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:

	a.  deleting from item 24c of his DD Form 214 the entry "0  7  27" and replacing it with the entry "0  9  27," and

	b.  adding to item 32 (Remarks) of his DD Form 214 the entry "SERVICE IN THE DOMINICAN REPUBLIC FROM 19650430 - 19650630."



												_______________________
												          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)                                         AR20110024362



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ABCMR Record of Proceedings (cont)                                         AR20110024362



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