IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140002782
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed 2 years and 2 months of foreign service.
2. The applicant states a clerical error occurred when his DD Form 214 was completed and he did not review the form prior to signing it because he was in a hurry to return home. On 4 August 1967, he departed for Vietnam and on 16 October 1969, he returned. His DA Form 20 (Enlisted Qualification Record) properly reflects his foreign service as 2 years and 2 months.
3. The applicant provides copies of his DD Form 214 and DA Form 20.
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 24 January 1967, serving honorably until he was released from active duty on 25 October 1969.
3. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 25 August 1967 through 25 October 1969.
4. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 2 months, and 1 day of foreign service during his period of active duty.
5. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided guidance on the preparation of the DA Form 20. Paragraph 9-44 (Foreign Service), sub-paragraph b. (Recording) provides that for item 31 of the DA Form 20:
a. In the "From" column, enter the date of departure from a continental U.S. (CONUS) port or area residence for foreign service. Typed entries are considered to be accurate and confirmed.
b. In the "Through" column, enter in pencil the date the Soldier is eligible (emphasis added) to return to CONUS. The pencil entry is erased and the confirmed return date is typed in its place upon the returning Soldier's actual date of arrival at a CONUS port or area of residence upon return from an overseas tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he completed 2 years and 2 months of foreign service. He contends a typographical error occurred in the preparation of his DD Form 214.
2. Item 31 of his DA Form 20 shows he completed 2 years, 2 months, and 1 day of foreign service. His DD Form 214 shows he completed 1 year, 2 months, and 1 day of foreign service. Therefore, it would be appropriate to correct this error.
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 correcting block 22c on the DD Form 214 to show 2 years, 2 months and 1 day.
____________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) AR20140002782
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ABCMR Record of Proceedings (cont) AR20140002782
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