PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 April 2001                  
	DOCKET NUMBER:   AR2000050562

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Gerald E. Vandenberg		Analyst	

The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                       records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, reconsideration of his earlier request to correct his records by changing his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates and places of overseas duty.

3.  The applicant states, in effect, that his DD Form 214 does not show his foreign service in item 12f.  

4.  The Proceedings reflecting the Board’s 26 September 2000 review of the case (AR2000039206) is incorporated herein by reference as if wholly set forth.

5.  The applicant submits copies of his Travel Vouchers (DD Form 1351-2) and his Leave and Earnings Statements showing receipt of overseas pay to substantiate his case.

6.  These documents were not previously available to the Board and constitute new evidence or argument that requires Board review.

7.  The applicant previously submitted copies of DD Forms 1610 showing temporary duty (TDY) authorization from 21 April 1982 to 19 October 1982 (179 days) and from 28 November 1982 to 27 March 1983 (120 days) for a total of approximately 299 days.  The current documents show the dates of actual overseas duty as 22 April 1982 to 6 October 1982 (168 days) and 29 November 1982 to 16 February 1983 (80 days) for a total of 248 days or approximately 8 months and 8 days. 

8.  Army Regulation 614-30, sets forth the policies and procedures for assignment, details and transfers for overseas service.  Table 7-2, rule 1 sets forth the criteria for periods of time creditable to overseas service.  It states in part that any uninterrupted period of 45 days of service outside the continental United States (CONUS) in a military status under either PCS (permanent change of station) or TDY constitutes creditable overseas service.

CONCLUSIONS:

1.  The applicant has submitted evidence to document that he did serve in an overseas capacity warranting the inclusion of this time on his DD 214. 

2.  It is in the interest of justice to correct the error in the applicant’s records to reflect these periods of overseas duty. 

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the applicant had 8 months and 8 days of overseas duty in Antigua, West Indies.

BOARD VOTE:  

__SVW__  __GDP__  __JEA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Sherri V. Ward__________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050562	
SUFFIX		
RECON	 	
DATE BOARDED	20010410 	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	110.00	
3.		
4.		
5.		
6.