RECORD OF PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           20 November 2003                   
	DOCKET NUMBER:   AR2003088380

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert L. Duecaster		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect foreign service in the Dominican Republic.

2.  The applicant states that his DD Form 214 should read or mention his service “during operation in the Dominican Republic from April 30th 1965 to 18th October 1965.” He further states, “foreign service rendered honorable should be mentioned in my Form 214.”

3.  The applicant provides a copy of his DD Form 214 and a copy of a letter of commendation signed by the commander of U.S. Forces Dominican Republic.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error that occurred on 4 November 1965.  The application submitted in this case is dated 17 March 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted in the Army on 8 November 1963.  He underwent training as a Medical Specialist (Military Occupational Specialty 910.00), then served the remainder of his service obligation with the 584th Medical Company (Ambulance) at Fort Bragg, North Carolina (the unit deployed to the Dominican Republic during this period).  The applicant was separated in pay grade E-3 on 4 November 1965.

4.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was credited with 5 months of foreign service while assigned to the Dominican Republic from 1 May 1965 to 14 October 1965.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he was awarded the Armed Forces Expeditionary Medal for service in the Dominican Republic.

5.  The applicant’s DD Form 214 also shows that he was awarded the Armed Forces Expeditionary Medal.  In parenthesis, there are the letters DR, denoting service in the Dominican Republic.
6.  Item 24c (Foreign and/or Sea Service) of the applicant’s DD Form 214 does not show evidence of foreign service.

7.  Army Regulation 635-5 (Personnel Separations), in effect at the time, required that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 be entered in Item 24c of the form.  The regulation did not contain provisions for specifying the location or specific assignments covered by the total period of foreign service recorded on the report of separation.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant spent 5 months and 14 days in the Dominican Republic.

2.  Regulations in effect at the time of the applicant’s separation required that foreign service be recorded on the applicant’s DD Form 214.

3.  The applicant’s DD Form 214 reflects service in the Dominican Republic by virtue of the Armed Forces Expeditionary Medal with the annotation “DR.”

4.  Based on the evidence in this case, the applicant is entitled to correction of his DD Form 214, to show foreign service of 5 months and 14 days in Item 24c.

BOARD VOTE:

____jhl__  ___lds___  ___rld___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he served overseas for a period of 5 months and 14 days.

		_________Joann H. Langston___________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088380	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.