IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140007859
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 Stated Report of Transfer or Discharge) to add his foreign service.
2. The applicant states his DD Form 214 shows he did not serve overseas. He served with the 505th Infantry Regiment, 82nd Airborne Division in the Dominican Republic and received the Armed Forces Expeditionary Medal for this service.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records).
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 11 June 1963, held military occupational specialty 94B (Cook), and attained the rank/grade of specialist five (SP5)/E-5.
3. His record contains a series of DA Forms 2349 (Military Pay Voucher) spanning three pay periods.
* the pay period 1-31 May 1965 shows he was on foreign duty for the month of May 1965 and received foreign duty pay effective 29 April 1965
* the pay period 1-30 June 1965 shows he was on foreign duty for the month of June 1965
4. His Standard Form 601 (Immunization Record) shows he received a vaccination in the Dominican Republic on 20 June 1965.
5. His DA Form 1307 (Individual Jump Record) shows he conducted two jumps in the Dominican Republic. The first jump was on 8 June 1965 and the second was on 7 July 1965.
6. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, 1st Battalion, 505th Infantry Regiment, (Army Post Office Number (APO) 479 - the last three digits of the APO number for the Dominican Republic (09479)) from 29 April 1965 to 22 July 1965.
b. Item 41 (Awards and Decorations) that he was awarded the Armed Forces Expeditionary Medal for service in the Dominican Republic.
7. He was honorably released from active duty on 10 June 1966. His DD Form 214 shows in:
a. item 24c (Foreign and/or Sea Service) the entry 0 years, 0 months, 0 days.
b. item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Armed Forces Expeditionary Medal.
8. Army Regulation 600-8-11 (Military Awards) states the Armed Forces Expeditionary Medal was awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers, and/or encounter during such participation foreign
armed opposition, or are otherwise placed, or have been placed, in such position
that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration. The designated U.S. military operations, areas, and dates are provided in table 22 lists the Dominican Republic (28 April 1965 to 21 September 1966).
9. Army Regulation 635-5 (Separation Documents) in effect at the time states that in item 24c, enter the total 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, for example, "Foreign and/or Sea Service U.S. Army Europe (USAREUR)."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was awarded the Armed Forces Expeditionary Medal for service in the Dominican Republic and based on his pay, medical, and jump records he served in the Dominican Republic from at least
29 April 1965 to 22 July 1965. As such he is entitled to correction of his DD Form 214 to show he served in the Dominican Republic for 2 months and 14 days.
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 his DD Form 214 in item 24c to show he served in the Dominican Republic for 2 months and 14 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) AR20140007859
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ABCMR Record of Proceedings (cont) AR20140007859
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