IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140013575
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 that item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 1 year, 9 months, and 15 days.
2. The applicant states that there is an error in the year calculation.
3. The applicant provides a copy of his DD Form 214 in support of this application.
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 applicants 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 applicants 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 12 August 1969.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he served in the U.S. Army Pacific (USARPAC)- Vietnam from 10 May 1970 to 24 February 1972, a period of 1 year, 9 months, and 15 days; and
b. item 38 (Record of Assignments), while in Vietnam he was assigned to:
(1) Headquarters and Company A, 725th Maintenance Battalion, 25th Infantry Division from 21 May to 23 October 1970;
(2) Detachment 3, Headquarters and Headquarters Company, 25th Combat Service Support Battalion, 2nd Brigade from 24 October 1970 to 19 February 1971; and
(3) Company B, (Maintenance) 225th Support Battalion from 10 February to 13 April 1971; and
(4) 185th Maintenance Company from 14 April 1971 to 20 February 1972.
4. On 22 February 1972, the applicant was honorably released from active duty after serving 2 years, 6 months, and 14 days active service. His DD form 214 shows in:
a. item 22c he served in the USARPAC for 0 years, 9 months and 15 days; and
b. item 30 (Remarks), he served in Vietnam from 10 May 1970 to
24 February 1972.
5. Army Regulation 635-5 (Separations Documents), in effect at that time, states to enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater in which the service was performed.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows he served a total of 1 year, 9 months, and 15 days overseas. Therefore, item 22c of this DD Form 214 should be corrected to read 1 year, 9 months, and 15 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:
a. deleting the entry "0 (years) 9 (months) 15 (days)" from item 22c of his DD Form 214; and
b. adding the entry "1 (years) 9 (months) 15 (days)" to item 22c of his DD Form 214.
___________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) AR20140013575
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ABCMR Record of Proceedings (cont) AR20140013575
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