IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130008860 


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 States Report of Transfer or Discharge) to show the correct amount of foreign service.

2.  He states item 22c (Foreign and/or Sea Service) of his DD Form 214 is incorrect.  He adds he served 1 year, 8 months, and 21 days in Vietnam and
7 months in Germany.

3.  He provides his 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.  On 21 June 1965, the applicant enlisted in the Regular Army.  On 22 March 1968, he was honorably released from active duty and credited with completing 
2 years, 9 months, and 2 days of active service.  

3.  Item 22c of his DD Form 214 shows "USARPAC (United States Army Pacific)" with the entry "0001  02  21."

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the United States Army Europe - Germany from 30 December 1965 to 8 June 1966, a total of 5 months and 10 days.  This form also shows he served in USARPAC - Vietnam from 11 July 1966 to 20 March 1968, a total of 1 year, 8 months, and 
10 days.

5.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation requires the preparer to enter in item 22c the total active duty outside the continental limits of the United States for the period covered on the DD Form 214 and the last overseas theater service was performed.

DISCUSSION AND CONCLUSIONS:

The applicant's DA Form 20 confirms he served 1 year, 8 months, and 10 days in Vietnam and 5 months and 10 days in Germany.  Therefore, he is entitled to correction of his DD Form 214 to show his total amount of foreign service as 
2 years, 1 month, and 20 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 from item 22c of his DD Form 214 the entry "0001  02  21"; and

b. adding to item 22c of his DD Form 214 the entry "0002  01  20." 



      _______ _  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)                                         AR20130008860



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ABCMR Record of Proceedings (cont)                                         AR20130008860



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