IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120021978
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 of the amount of foreign service credit shown in:
* Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 October 1968
* Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 April 1989
2. The applicant states he served in Thailand, Panama, Vietnam, and during his second enlistment he served in Germany.
3. The applicant provides no additional evidence.
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 (RA) on 24 August 1964. He completed training and was awarded military occupational specialty 05D (Special Identification Operator). He served in:
* Thailand from 23 August 1965 through 6 March 1967, a period of 1 year, 6 months, and 12 days
* Panama from 28 April 1967 through 1 October 1967, a period of 5 months and 4 days
* Vietnam from 15 November 1967 to on or about 18 October 1968, a period of 11 months and 4 days
3. He was honorably released from active duty 22 October 1968 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 4 years, 1 month, and 29 days of net active service with no time lost.
4. Item 22c of his DD Form shows a credit of 2 years, 11 months, and 24 days of foreign service during this period.
5. He again enlisted in the RA on 25 March 1985. He served in Germany from 9 December 1985 through 26 November 1987, a period of 1 year, 11 months, and 18 days.
6. He was honorably discharged from active duty on 7 April 1989. He completed 4 years of net active service with no time lost. Item 12f of his DD Form 214 shows a credit of 1 year, 11 months, and 18 days of foreign service during this period.
7. Army Regulation 635-5 (Separation Documents), in effect at the time of his 1968 separation, governed the preparation of the DD Form 214. It stated Item 22c 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, e.g. USARPAC.
8. Army Regulation 635-5 (Separation Document), in effect at the time of his 1989 separation, stated Item 12f would list all foreign service credit performed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows during the applicants period of service from 24 August 1964 through 22 October 1968 he completed a total of 2 years, 11 months, and 4 days of foreign service. He was issued a DD Form 214 crediting him with 2 years, 11 months, and 24 days of foreign service. However, it is the policy of this Board to not disadvantage an applicant by making the situation any worse off by deleting the additional 6 days of foreign service credit.
2. The evidence also shows during his period of service from 25 March 1985 through 7 April 1989 he completed a total of 1 year, 11 months, and 18 days of foreign service. He was issued a DD Form 214 which properly annotated in Item 22c the amount of foreign service he completed during this period.
3. There is no evidence of record and he provided none to show he completed any additional foreign service during his periods of active duty for additional foreign service credit on his 1968 and 1989 DD Forms 214. He is therefore not entitled to any correction to those separation documents.
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 that 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) AR20120021978
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ABCMR Record of Proceedings (cont) AR20120021978
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