BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016289
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 18 months of foreign service instead of 11 months and 29 days, as currently listed.
2. The applicant states this correction is required so that he can apply for benefits.
3. The applicant provides a DD Form 214.
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 was inducted into the Army of the United States on
29 November 1967. After completing initial training, he was awarded military occupational specialty 91B (Medical Specialist). The highest rank/grade held was specialist four/E-4.
3. Special Orders (SO) Number 79, dated 12 April 1968, issued by Headquarters, The U.S. Army Medical Training Center, shows the applicant was reassigned to the U.S. Army Overseas Replacement Station, Oakland Army Base, CA, with instructions to be further assigned to the Medical Center, Army Post Office (APO) San Francisco 96331 (Okinawa). His projected arrival was
16 May 1968.
4. SO Number 249, dated 22 September 1969, issued by Headquarters, U.S. Army, Ryukyu Islands, directed the applicant to be reassigned to the U.S. Army Transfer Station, Oakland, CA with a reporting date of 22 November 1969.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service ) U.S. Army Pacific (USARPAC), Okinawa from on or about 18 May 1968 to 17 November 1969 (a total of 18 months).
b. Item 38 (Record of Assignments) effective date of 20 May 1968 to U.S. Army Hospital, Ryukyu Islands (RYIS); the applicant as enroute to the continental U.S. on 19 November 1969.
c. Item 41 (Awards and Decorations) shows the Army Good Conduct Medal (1st Award) and Meritorious Unit Commendation.
6. He was honorably released from active duty on 19 November 1969. His
DD Form 214 shows in item 22 (Statement of Service) sub-item a(1), 1 year,
11 months, and 21 days of net active creditable service. Item 22c (Foreign Service) shows 11 months and 29 days.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, stated for item 22c, enter total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and show that last oversea theater in which service was performed (for example, U.S. Army Europe (USAREUR)).
DISCUSSION AND CONCLUSIONS:
Based upon orders and the entries on the applicant's DA Form 20, it is evident the number of months currently shown for foreign service on the applicant's
DD Form 214 is incorrect. Both indicate he was assigned to USARPAC for a period of 18 months; therefore, his DD Form 214 should be amended to show this service.
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 amending the applicant's DD Form 214 as follows:
a. deleting the entry 0 years, 11 months, and 29 days from item 22c;
b. adding the following entry to item 22c: USARPAC, 1 year, 6 months, 0 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.
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